by Ivan Israelstam | Nov 22, 2016 | Employees, Labour Law, Labour Law for Employers
Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion can cripple the organisation especially if it lasts for several weeks and if the majority of employees take part....
by Ivan Israelstam | Oct 22, 2016 | CCMA, Employees, Labour Law
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law for Employers
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that a second disciplinary process might be justified if the employer is...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not...
by Ivan Israelstam | Oct 8, 2016 | CCMA, Corporate, Labour Law for Employers
It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the...
