by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law Debate with Ivan Israelstam
The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case he has to meet and be given a proper opportunity to prepare and...
by Ivan Israelstam | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
by Ivan Israelstam | Jun 6, 2017 | CCMA, Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
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 | Aug 30, 2016 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One...
by Ivan Israelstam | Oct 5, 2015 | CCMA, Corporate, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers, Training
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...
