by Ivan Israelstam | May 21, 2021 | Corporate, Employees, INVESTIGATING MISCONDUCT, Labour Law, Labour Law for Employers, Unfair Dismissals
Two common mistakes that employers make on receiving misconduct allegations against employees are: Firstly, they ignore the reports because acting on them is ‘too much trouble’, or because they fear infringing the myriad of legal rights that employees enjoy. This...
by Ivan Israelstam | Nov 8, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience, this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects management that is either...
by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
At a disciplinary hearing, the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it’s hearsay. This occurs, for example, where the person placing the evidence before the presiding officer is...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Employees, Labour Law
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in...
by Ivan Israelstam | Aug 30, 2016 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One...
