by Ivan Israelstam | Oct 12, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body...
by Ivan Israelstam | Jun 2, 2015 | CCMA, Employees, Unfair Dismissals
Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is conterntious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought...
by Ivan Israelstam | Jan 16, 2015 | Unfair Dismissals
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee should be allowed …… the assistance of a trade union...
by Ivan Israelstam | Nov 24, 2014 | CCMA, Retrenchments, Unfair Dismissals
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused...
by Ivan Israelstam | Nov 18, 2014 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
It is a common erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act...
