by Ivan Israelstam | Nov 30, 2022 | ARBITRATION, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Discipline Costs, Dismissal, Uncategorised
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
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...
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 | 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...
