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DISHONESTY WON’T ALWAYS MERIT DISMISSAL

DISHONESTY WON’T ALWAYS MERIT DISMISSAL

by Ivan Israelstam | Aug 28, 2020 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee.   The Code of Good Practice: Dismissal (The Code)...
AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act

It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that should the employee cease to be a shareholder or a director, his/her contract of...
DON’T SUSPEND EMPLOYEES IN ANGER

DON’T SUSPEND EMPLOYEES IN ANGER

by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work. This is understandable in circumstances where the employee has seriously messed up a business deal, damaged equipment, lost crucial information, committed a...
WHEN REMORSE MAKES DISMISSAL UNFAIR

WHEN REMORSE MAKES DISMISSAL UNFAIR

by Ivan Israelstam | Sep 19, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...

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

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