by Ivan Israelstam | Oct 14, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. By 1995 South Africa’s new constitution...
by Ivan Israelstam | Sep 19, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
by Ivan Israelstam | Sep 11, 2019 | CCMA, Contracts, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law for Employers, Labour Relations Act
Many employers like using ‘dereliction of duty’ as a disciplinary charge when they want to inflict strong punishment on employees because: the phrase ‘dereliction of duty’ has a serious and damaging ring to it; and the penalty for a first offence of gross dereliction...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is...
