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DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

by Ivan Israelstam | Mar 13, 2020 | CCMA, Employees, Labour Law, Labour Law for Employers

It is legally very dangerous for employers to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law. ...
PREGNANT MOTHERS HEAVILY PROTECTED

PREGNANT MOTHERS HEAVILY PROTECTED

by Ivan Israelstam | Feb 19, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

There are six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A...
CASE LAW DECISIONS A WARNING TO EMPLOYERS

CASE LAW DECISIONS A WARNING TO EMPLOYERS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Labour Relations Act

A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance level is not acceptable and that any further failure to meet the required standards will result in stronger measures being taken. In...
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...
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