by Ivan Israelstam | Nov 22, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, PRESIDING OFFICERS, UNFAIR LABOUR PRACTICE
A fundamental right of employees accused of misconduct or poor performance at disciplinary hearings is for the hearing to be chaired by an impartial presiding officer. This requirement holds true regardless of whether the chairperson is employed by the organisation...
by Ivan Israelstam | Nov 15, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, UNFAIR LABOUR PRACTICE
Even where an employee has taken the life of a colleague, his dismissal is likely to be unfair if the presiding officer has not properly taken significant mitigating circumstances into account. The LRA’s Code of Good Practice: Dismissal (the Code) conditionally allows...
by Ivan Israelstam | Apr 7, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, UNFAIR LABOUR PRACTICE, Unfair Suspensions
Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an employer and an employee involving- unfair conduct by the employer relating to the promotion, demotion, probation (excluding...
