Misconduct
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Procedural defect does not mean all is lost
Often, employers make mistakes when conducting a disciplinary hearing – usually a procedural error of some sort. We are only human, after all – ... -
Presiding officers need knowledge and insight
Disciplinary processes must be both fair and legal Ivan Israelstam When a presiding officer chairs a disciplinary hearing he/she must hear all relevant evidence ... -
Presiding officer must hear all the evidence
Ivan Israelstam The central reason that a presiding officer (PO) attends a disciplinary hearing is to hear and understand the evidence from both sides. ... -
Preparation is essential in arbitration cases
Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. ... -
Preparation for Disciplinary Hearings
It is a fact that more employers lose cases at the CCMA because of poor preparation than for any other reason. Employers must realize ... -
Poligraaf Toetse
Poligraaf Toetse André Claassen ʼn Poligraaf word soms ook ʼn leuenverklikker toets genoem. Poligraaf toetse is ʼn relatiewe nuwe begrip in Suid Afrika, veral ... -
Only actual damage matters in staff dismissals
Mixed verdicts on alcohol-related industrial cases Ivan Israelstam An employer recently remarked to me that the time is fast approaching when an employee will ... -
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys
Onbillike ontslag: Hoe om ʼn dispuut na die KMVA (CCMA) te verwys Wat staan ʼn persoon te doen as hy voel dat hy onbillik ... -
Off Duty Misconduct: To Discipline Or Not To Discipline
KAREN FULTON & EVA MUDELY Generally, what an employee does after work hours is of no concern to his employer, who has no right ... -
New guidelines rule on what is fair dismissal
Ivan Israelstam Item 60.4 of the new CCMA Guidelines: Misconduct Arbitrations (the guidelines) states that it is not unfair for employers to make use ...
