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BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Discipline Costs, Labour Law, Labour Law for Employers, Labour Relations Act

What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline and even to dismiss employees for work-related...
AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act

It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that should the employee cease to be a shareholder or a director, his/her contract of...
DON’T SUSPEND EMPLOYEES IN ANGER

DON’T SUSPEND EMPLOYEES IN ANGER

by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work. This is understandable in circumstances where the employee has seriously messed up a business deal, damaged equipment, lost crucial information, committed a...
BULK DISMISSALS CAN BE RISKY

BULK DISMISSALS CAN BE RISKY

by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Relations Act, Unfair Dismissals

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible.  Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been...
POOR CONDUCT CAN MEAN POOR MANAGEMENT

POOR CONDUCT CAN MEAN POOR MANAGEMENT

by Ivan Israelstam | Nov 8, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments

Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience, this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects management that is either...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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