Misconduct
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Tackling grey areas of fair and unfair discipline
Ivan Israelstam Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an ... -
Suspensions from duty can turn into a minefield
Ivan Israelstam Employers regularly suspend employees from duty. This is done under a variety of circumstances for several reasons that may include: 1. A ... -
Suspensions could be dangerous for employer
By Ivan Israelstam Employees are suspended from duty for different reasons that may include a temporary lay-off due to operational circumstances. That is, during ... -
Suspending an employee
Andrew Smith and Robyn Hugo Bowman Gilfillan Attorneys A few weeks ago, Andre van Niekerk, Judge of the Labour Court, delivered a judgment affecting ... -
Substantive Fairness in Dismissals
We receive numbers of enquiries from employers wanting to know what is meant by “substantive fairness” and how does the Chairperson of a hearing ... -
Steps for referring disputes at the CCMA
Steps for referring Disputes at the CCMA Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) Step 1: If you have a labour ... -
Staying well within the letter of the law
All dismissals must be conducted according to fair labour procedure Ivan Israelstam The drafters of the Labour Relations Act of 1995 (LRA) expressly provided ... -
Speedier dispute resolution process called con-arb
The CCMA is constantly overloaded with cases, most of them unfair dismissals Ivan Israelstam When employers and employees receive notices to attend a hearing ... -
Smoking and constructive dismissal – do they belong in one sentence?
Johanette Rheeder Ever met the chain smoker who, notwithstanding the hints, complaints and frowns, continues to smoke in his office or open areas in ... -
Shotgun dismissals likely to backfire
Ivan Israelstam Employers frequently know for certain that serious misconduct has occurred but cannot prove which employee or employees are responsible. This can occur ...
