by Ivan Israelstam | Jul 6, 2021 | CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
by Ivan Israelstam | Mar 24, 2021 | Disciplinary Hearing, Labour Law, PRE-ARBITRATION
One of the key pieces of information in a notice summoning you to a labour dispute forum, is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration you will need to prepare...
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...
