by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...
by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals
The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
by Ivan Israelstam | Nov 9, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Unfair Suspensions
While a suspension is not the same as a dismissal it is still regulated by law. Dismissal is a permanent termination of the person’s employment, suspension is merely a temporary halt on the employee’s right to provide services to the employer. Suspensions...
by Ivan Israelstam | Sep 18, 2020 | Alcohol consumption, Labour Law for Employers, Labour Relations Act, Tools, Unfair Dismissals
In the case of NUMSA obo Davids vs Bosal Africa (Pty) Ltd (1999 10 BALR 1240) the employee was dismissed for being under the influence of alcohol at work. The facts proved that there were no actual consequences of the employee working while under the influence of...
by Ivan Israelstam | Aug 28, 2020 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee. The Code of Good Practice: Dismissal (The Code)...
by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes
The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
