Misconduct investigation is not just a nice-to-have
Investigation of misconduct allegations is a crucial step in legally acceptable disciplinary action and cannot be bypassed. ..
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Ivan Israelstam
May 1, 20233 min read
Beware of retrenchments for poor performance
The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work...
13 views
Ivan Israelstam
May 1, 20233 min read
Employers can drown in their redundancy pools
Due to the fact that some employers are unskilled in dealing both effectively and legally with poor performance or misconduct they look...
5 views
Ivan Israelstam
Apr 16, 20233 min read
Interdicts, disciplinary hearings and representation
A distinction should be drawn between an interdict and a writ. This is because a writ is issued...
20 views
Ivan Israelstam
Apr 11, 20233 min read
Management shares responsibility for poor conduct
Exceptional employees exist who always manage their own conduct and seldom need to be managed. However, most employees do need to be...
18 views
Ivan Israelstam
Apr 3, 20233 min read
Cross Examination at Disciplinary Hearings
The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides, evidence relating...
45 views
Danielle Geldenhuys
Mar 20, 20233 min read
Beware disciplining employees for off-site misconduct
What rights do employers have to discipline employees for misconduct perpetrated outside the workplace?...
8 views
Ivan Israelstam
Mar 13, 20234 min read
Automatic termination clauses dangerous
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:
13 views
Ivan Israelstam
Mar 6, 20233 min read
The validity of prior warnings is a vexed issue.
A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance...
17 views
Ivan Israelstam
Mar 1, 20233 min read
Firing the lot could put you in a spot.
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible...
18 views
Adami Geldenhuys
Feb 23, 20231 min read
New earnings threshold published in terms of the Basic Conditions of Employment Act 75 of 1997
New earnings threshold in terms of Basic Conditions of Employment Act
62 views
Adami Geldenhuys
Feb 22, 20231 min read
New minimum wage announced
National minimum wage adjusted and reviewed.
28 views
Ivan Israelstam
Feb 20, 20233 min read
Beware suspending employees without just cause
Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work...
26 views
Ivan Israelstam
Feb 13, 20233 min read
Employees who blow the whistle are protected
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the...
13 views
Ivan Israelstam
Feb 8, 20233 min read
Labour law provides few employer protections
South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s...
15 views
Danielle Geldenhuys
Nov 13, 20221 min read
Labour law: an introduction. – Juta, 2022.
This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour...
107 views
Danielle Geldenhuys
Aug 29, 20221 min read
Grogan, John. Dismissal. – 4th ed. – Juta, 2022
Publisher’s summary: “Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers...
291 views
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