by Ivan Israelstam | Sep 11, 2019 | CCMA, Contracts, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is...
by Ivan Israelstam | Aug 26, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals
‘One day as I was upon a stair I met a man who wasn’t there He wasn’t there again today I wish that man would go away’ Anonymous Employers rely heavily on the presence at work of their employees in order to get the work done. It is therefore a major source of...
by Ivan Israelstam | Jul 25, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately 180 000 cases per year and do not have time to waste on dealing with false...
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...
by Ivan Israelstam | Jun 13, 2019 | #UnfairTreatment, CCMA, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
The lodging of complaints by staff cannot be used as grounds for alleging incompatibility or dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted...
