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DON’T MISS THE ARBITRATION HEARING!

by Ivan Israelstam | Oct 8, 2016 | CCMA, Corporate, Labour Law for Employers

It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the...

DISMISSING ILL/INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

by Ivan Israelstam | Aug 3, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals

The August winds are spreading infections amongst and workplace absenteeism is rife. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working.   The Labour Relations Act (LRA) requires that...

EMPLOYMENT OF SEX OFFENDERS REGULATED

by Ivan Israelstam | Apr 25, 2016 | Employees, Labour Law, Labour Law for Employers, Training

Certain employers could be prosecuted for employing sex offenders. The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex...

WITNESSES ARE KEY AT HEARINGS

by Ivan Israelstam | Apr 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers

Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines...

EXTERNAL PRESSURE DOES NOT JUSTIFY DISMISSAL

by Ivan Israelstam | Apr 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers

The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been directly involved in a great many cases where employees have been fired and, after appealing to the CCMA, have remained fired. It is not the firing of employees that the law...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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