Misconduct
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Expect the unexpected at arbitration
Ivan Israelstam Previously I mentioned that the parties to a labour dispute had the option of referring the dispute to private arbitration. However, where ... -
Evidence in Disciplinary Hearings
We receive numerous enquiries on our Internet advice facility regarding the admissibility of things like tape recordings as evidence, or the admissibility of written ... -
Entrapment in the workplace
Nalane Manaka Attorneys 1. Misconduct such as theft is by its very nature not easy for employers to identify, simply because it is not ... -
Guidelines for Respondents
Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) PREPARATORY STEPSFOR CCMADISPUTE RESOLUTION PROCESSES CCMA Guidelines for Respondents The following guidelines are made ... -
Employees and the CCMA
Judging by the number of e-mails I receive from employers, it would seem that the number of referrals made by dismissed employees to the ... -
Employee Representation at Disciplinary Hearings
The matter was again addressed in SACCAWU obo Abrahams / Markhams [2007] 5 BALR 476 (CCMA), heard on 9th January this year in arbitration ... -
Electing a Chairperson
The choice of a person to Chair a disciplinary hearing is never an easy task. There are a number of qualities that are highly ... -
Each case should be judged on own merits
Ivan Israelstam Even when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the ... -
Double jeopardy if no new evidence is presented
Ivan Israelstam In cases were an employee is punished twice for the same incident of misconduct or poor performance, the term “double jeopardy” has ... -
Double Jeopardy – is it or is it not?
André Claassen What is double jeopardy? Much has been written on this subject, which still seems to contain grey areas or misunderstood conceptions in ...
