by Ivan Israelstam | Oct 22, 2020 | CCMA, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Relations Act
Illegal entrapment occurs when the employer unduly induces an employee to break a rule as opposed merely to providing an opportunity for the employee to break that rule. I have mentioned in previous articles that illegal entrapment is not the only unfair method used...
by Ivan Israelstam | Oct 16, 2020 | CCMA, CROSS-EXAMINATION, Disciplinary Hearing, Labour Court, Labour Relations Act
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 | May 22, 2020 | COVID-19, Disciplinary Hearing, Labour Court, Labour Law, Labour Relations Act
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
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...
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...
by Ivan Israelstam | Oct 17, 2019 | CCMA, Disciplinary Hearing, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
