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SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

by Ivan Israelstam | Jul 13, 2020 | CCMA, Labour Court, Labour Relations Act, Sexual Harassment, Unfair Dismissals

In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA...
EASIER TO TAKE ERRANT ARBITRATORS TO TASK

EASIER TO TAKE ERRANT ARBITRATORS TO TASK

by Ivan Israelstam | Apr 20, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Tools

The CCMA’s policy guidelines for misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines backed up by the law, pave the way for employers and employees to take the...
BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Discipline Costs, Labour Law, Labour Law for Employers, Labour Relations Act

What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline and even to dismiss employees for work-related...
CCMA MISCONDUCT CODE A GUIDING LIGHT FOR EMPLOYERS

CCMA MISCONDUCT CODE A GUIDING LIGHT FOR EMPLOYERS

by Ivan Israelstam | Oct 17, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Tools

The CCMA has issued a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines are directed at arbitrators presiding over hearings where unfair dismissals due to misconduct are being claimed. The...

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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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