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WHAT IS AN UNFAIR LABOUR PRACTICE?

WHAT IS AN UNFAIR LABOUR PRACTICE?

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...
WHO DEFINES UNFAIRNESS?

WHO DEFINES UNFAIRNESS?

by Ivan Israelstam | Mar 30, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, Unfair Suspensions

In criminal law an accused may be found guilty of, and punished for wrongful behaviour, only if that behaviour contravenes a law written into a statute. That is, punishable behaviour is confined to that behaviour specifically prohibited in black and white in one...
BIAS OF PRESIDING OFFICERS MUST BE PROVEN

BIAS OF PRESIDING OFFICERS MUST BE PROVEN

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...
UNFAIR SUSPENSIONS CAN BE PUNISHED

UNFAIR SUSPENSIONS CAN BE PUNISHED

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...

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