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DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

by Ivan Israelstam | Sep 4, 2020 | CCMA, Discipline Costs, Labour Court, Labour Law Debate with Ivan Israelstam, Labour Relations Act

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 the arbitrator has little or no way of testing the truth of the...
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...
BE PREPARED FOR DISCIPLINARY HEARINGS

BE PREPARED FOR DISCIPLINARY HEARINGS

by Ivan Israelstam | Jul 25, 2019 | CCMA, Disciplinary Hearing, Discipline Costs, Labour Law

Some time ago I was 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...

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