Investigation is an art and a science.
Employers often fail to investigate allegations of misconduct or poor performance properly because they are busy, because of feelings of...
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Ivan Israelstam
Apr 293 min read
Confessions Not Always Irrefutable
While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...
16 views
Ivan Israelstam
Apr 224 min read
The LRA And Unfair Labour Practices
The Labour Relations Act (LRA) does not define the meaning of “unfair” but describes “Unfair labour Practice” as “any unfair act...
26 views
Ivan Israelstam
Mar 53 min read
Employees are required to be trustworthy
Since 1995 South African employees have had very strong labour law rights. These include, amongst others, the right to join trade unions...
17 views
Ivan Israelstam
Jan 104 min read
Suspend employees with care
There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee’s employment to...
9 views
Ivan Israelstam
Dec 18, 20234 min read
Tampering with disciplinary hearings a no-no
There are several unfair methods that might be used at disciplinary hearings, appeal hearings and arbitration hearings. These unsavoury...
10 views
Ivan Israelstam
Dec 11, 20234 min read
Entrap employees at your peril
Section 188 of the LRA provides, in effect, that the employer is assumed, from the outset of an arbitration hearing or court case, to be...
9 views
Ivan Israelstam
Nov 20, 20234 min read
Accused employees have the right to challenge the evidence against them
Every employee who is charged with workplace misconduct has the legal right to challenge all the evidence brought by the employer...
43 views
Ivan Israelstam
Sep 12, 20233 min read
Beware firing genuinely sick employees
It is a major challenge for employers to distinguish between employees who are genuinely sick from those who are malingering...
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Ivan Israelstam
Sep 4, 20233 min read
Contractor Takeovers
Important labour legislation applies to circumstances where a business or part thereof is transferred by one employer to another as...
8 views
Ivan Israelstam
Aug 23, 20233 min read
Beware Of Default Awards
If an employer fails to attend an arbitration hearing the CCMA has the power to issue a default award in favour of the employee...
12 views
Ivan Israelstam
Jun 26, 20234 min read
The arbitrator’s decision is not always final!
The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to...
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