by Ivan Israelstam | Aug 11, 2015 | Uncategorised
Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately180 000 cases per year and do not have time to waste on dealing with false...
by Ivan Israelstam | Aug 3, 2015 | CCMA, Labour Law, Labour Law for Employers, Retrenchments
Some time ago asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the case...
by Ivan Israelstam | Jul 27, 2015 | Uncategorised
Can the employer can discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is able to present evidence that: Is new and has therefore not been presented...
by Ivan Israelstam | Jul 20, 2015 | Uncategorised
South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...
by Ivan Israelstam | Jul 13, 2015 | Uncategorised
The lodging of complaints by staff can be used as grounds neither for alleging incompatibility nor for dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace...
