Discliplinary Enquiry
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Allegations must be backed up
Allegations must be backed up Ivan Israelstam The CCMA deals with over 150 000 cases every year. This is in addition to the thousands ... -
Dereliction of duty charges must be proven
Dereliction of duty charges must be proven Ivan Israelstam Dereliction of duty is a charge that is tempting for employers to use especially when ... -
Hearsay evidence can render dismissals unfair
Hearsay evidence can render dismissals unfair Ivan Israelstam When a presiding officer chairs a disciplinary hearing he/she must hear all relevant evidence offered. That ... -
When is dismissal fair?
When is dismissal fair? Ivan Israelstam In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was ... -
Handling off-site misconduct
Handling off-site misconduct Ivan israelstam While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline ... -
Investigating misconduct requires skill
Investigating misconduct requires skill Ivan Israelstam Two common mistakes that employers make on receiving misconduct allegations against employees are: Firstly, they ignore the reports ... -
External pressure does not justify dismissal
External pressure does not justify dismissal Ivan Israelstam Employers need to understand that: Labour law definitely does allow employers to dismiss employees. The CCMA ... -
Witnesses are key at hearings
Witnesses are key at hearings Ivan Israelstam Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing ... -
How and when to suspend employees
How and when to suspend employees Jan du Toit Employers are often faced with situations where a decision must be taken whether an employee ... -
Insubordination not always dismissible
Insubordination not always dismissible Ivan Israelstam The Code of Good Practice: Dismissal (the Code) serves as a guideline for all those presiding over disputes ...
