Don’t Charge Employees Without Proof of Misconduct
Labour law heavily protects employees from unfair dismissal. Section 188 of the LRA effectively provides that a dismissal will be unfair...
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Danielle Geldenhuys
Jun 131 min read
Grogan, John. Employment rights. – Juta, 2024.
Grogan, John. Employment rights. – 4th ed. – Juta, 2024.
41 views
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
The Lexinfo Team
Mar 83 min read
Legal Updates from 4 to 8 March: What You Need to Know
This complimentary weekly update includes a small selection of content from our paid subscription-based newsletters and latest blog posts.
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Ivan Israelstam
Jan 293 min read
Beware of firing poor performers
Employee work performance is a key requirement for the operational success of businesses and other workplaces in South africa...
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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
Oct 23, 20234 min read
Good faith consultation is obligatory for retrenchments
The Labour Relations Act (LRA) makes it obligatory for employers that are contemplating retrenchments to first consult about this...
14 views
Ivan Israelstam
Oct 4, 20233 min read
Fixed-term employment contracts not always appropriate.
The Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry....
13 views
Ivan Israelstam
Sep 18, 20234 min read
Deal with misconduct expeditiously
The adage that justice delayed is justice denied applies to labour law in the sense that employers that act too slowly can be found to be...
23 views
Ivan Israelstam
Aug 14, 20233 min read
Disciplinary skills are essential
I too frequently receive frantic requests from employers to help them get rid of an employee at all costs. In the midst of their panic...
6 views
Ivan Israelstam
Jun 7, 20233 min read
Destruction of trust relationship cannot be assumed.
Every employer and every employee has the right to expect that the other is trustworthy...
35 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?...
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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:
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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
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
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...
288 views
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