CCMA
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Never underestimate the value of being prepared
Ivan Israelstam I was recently retained by an employer to assist with preparing for a Labour Court review case. The employer had dismissed an ... -
Law has harsh penalties for unfair axing of staff
Ivan Israelstam Labour Relations Act favours re-instatement as the first port of call The CCMA, bargaining council, Labour Court, Labour Appeal Court or private ... -
Konsiliasie/Bemiddeling
Konsiliasie/Bemiddeling André Claassen Ek het in vorige rubrieke verwys na die term “Konsiliasie”. ʼn Konsiliasie verhoor is ʼn proses waar die Kommissaris met die ... -
Whatever reason, double jeopardy is unlawful
Ivan Israelstam In the interests of fairness, arbitrators and judges sometimes depart from the basic principles of law and look at the unique circumstances ... -
It’s that consistency thing again!!
Employers are often caught out on that very little or most understood thing called consistency. Consistency applies in two ways. It applies to consistency ... -
Is the sanction appropriate?
The chairperson of a disciplinary hearing is often faced with the dilemma of deciding whether or not a dismissal would be appropriate on a ... -
Is Procedure the “letter of the law?
We all know that employers must have a proper Disciplinary Procedure in place – namely, a procedure that is to be followed at disciplinary ... -
Get the power of the CCMA behind you
Lack of awareness or understanding of the Commission for Conciliation, Mediation and Arbitration and its processes can deny the public use of the accessible ... -
Fine line between fair and illegal punishment
Ivan Israelstam When an employer fires an employee for dishonesty, constant late coming, absenteeism, poor work performance or other serious infringement, the intention is ... -
Fairness of dismissal for Operational Requirements
We dealt previously with the fairness of dismissal for misconduct, and for Incapacity – Poor Work Performance, as well as dismissal based on incapacity ...
