by Ivan Israelstam | Apr 13, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess, he/she is still entitled to a proper hearing. ...
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...
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...
by Ivan Israelstam | Mar 24, 2021 | Disciplinary Hearing, Labour Law, PRE-ARBITRATION
One of the key pieces of information in a notice summoning you to a labour dispute forum, is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration you will need to prepare...
by Ivan Israelstam | Mar 17, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
There has been an alarming increase in the number of calls we have received from employers who have retrenched employees and are being taken to the CCMA, bargaining council or Labour Court. With the effect of the Covid lockdown, the uncertainty of the international...
