Features

The Code of Good Practice on Dismissal (Schedule 8 of the Labour Relations Act) provides the guidelines for employers to follow in disciplinary proceedings. This code does not specifically require "cross-examination" but does provide that the employee must be aware of the allegations against them, to understand them, and be given a chance to state their side of the story - or defence - in response to the allegations.This week Ivan Israelstam explains the meaning of "cross-examination" and provides advice on how employers should proceed.

Mastercard invites women entrepreneurs to enter the JA South Africa Youth Enterprise Development Programme.

Employment Equity requires companies to bring about change in leadership particularly at the higher levels of management where male dominance continues to maintain control

It’s never too early to teach kids how to manage money in addition to nurturing entrepreneurial skills to earn cash. Money management is a life-long skill that everyone needs and what better way to prepare the future generations than parents teaching them financial competencies at an early age?

The South African Constitution provides employees with the right to fair labour practices. Prior to a dismissal decision an employee should be made aware of the allegations against him/her and given chance to be heard on the matter.

When does South African labour law apply? This week Ivan gives us a number of examples where foreign firms thought - incorrectly - that they could do as they please with their employees. No - not so. Ivan demonstrates through a number of cases where these employers made some very serious - and extremely expensive - mistakes. Our courts found that they did have jurisdiction and the defaulting employers paid the employees' costs - in addition to all the other costs.

The South African Medical Association (SAMA) has urged members of the public and healthcare professionals to actively participate in World AIDS Day activities on 1 December.

An average of 142.2 sexual offences are recorded by the South African Police Service (SAPS) in South Africa every day. In 2015/16, more than 50 000 sexual offences were recorded by SAPS in one year, a figure that is thought to be much higher in reality as many victims do not report their attackers.

The winners of Times Media’s Annual Recruitment Awards, the AMARA’s, were announced at a gala event in Sandton.

American Businessman, Howard Schultz, once said: “When you're building a business or joining a company, you have to be transparent; you can't have two sets of information for two sets of people.”

When employers include disciplinary policy, procedures and codes in employment contracts, it is especially important that the employer follow their own documented procedures. Failure to follow their own procedures will call into question the status of the dismissal of employees. In this case Ivan Israelstam details how the Labour Court judge analysed the failures of both the employer, and the CCMA arbitrator, who supported the dismissal.

Strong partnerships are the cornerstone of the Energy and Water Sector Education and Training Authority's (EWSETA’s) success.

Employers are sometimes disappointed and angry that a CCMA arbitration award has gone against them. This week Ivan Israelstam explains why this sometimes occurs, and what the standards are that CCMA Commissioners must meet. Ivan explains how this helps an employer deciding whether they should challenge the award.

Employers would be unwise to assume that just because an employee already has a final written warning on file, that the employer can simply go ahead and process a dismissal. This week Ivan Isralstam explains the complexities to be taken into account - such as the validity of the final written warning.

President Jacob Zuma has withdrawn his application seeking to interdict the Public Protector from publishing an interim report pursuant to an investigation into complaints of improper and unethical conduct by the President and/or officials of state organs due to the alleged inappropriate relationship with members of the Gupta family.

When faced with challenges raised by employees, employers may be tempted to opt for a retrenchment exercise to remove employees who may seem to be too challenging of management authority. This week Ivan Israelstam explains what may genuinely be regarded as an operational requirement and why employers should be careful not to concoct reasons that will not stand up in court.

Benjamin Franklin is quoted as saying; “An investment in knowledge pays the best interest.”

The world of work is changing rapidly. As a result of technological advances, globalisation, and competition employers need to make changes to their working conditions. This week Ivan Israelstam deals with how an employer should react when employees are reluctant to change their working arrangements, such as shift patterns. How should the employer respond?

In the past, employers has consistently refused to allow lawyers to be present at internal disciplinary hearings. However, the ground has shifted slightly and employers would be well advised to consider the individual circumstances and individual disciplinary matter that is being heard. This week Ivan Israelstam explains how the ground has shifted.

Finding small plugs to fix the monumental leaks that cause overspending, inefficiency, corruption and fraud is the answer to South Africa’s growing public sector problems, says Professor Norman Faull of the Lean Africa Institute ahead of Africa’s 8th Lean Management Summit.

Siyabonga Swelindawo’s life changed when he joined the Zip Zap Circus School at the age of 11 in 1999. Now the 27-year-old professional juggler, and SA’s Got Talent semi-finalist, is helping transform other youngsters’ lives through an after school arts initiative of the Western Cape Department of Cultural Affairs and Sport.

A second generation transfer arises when a company first outsources a part of the company to a service provider company, who takes over the employees related to that company department or service. The contract is for a fixed period and the orginal company then re-tenders to a different service provider company to take over the provision of the services. The question arises: does the second service provider company have to take over those employees who were part of the original transfer? The answer has not been clear, and the courts have differed on the correct interpretation of s197 of the Labour Relations Act. This week Ivan Israelstam explains these different interpretations.

The International Organization for Migration (IOM) in partnership with the University of Johannesburg (UJ) Strategic Communications students, has rolled out a week long social media campaign for the upcoming Human Trafficking week starting from the 3rd – 7th October 2016.

Activities that may be classified as misconduct are sometimes provoked, causing raised emotions, which sometimes result in retaliatory action. However, whatever happens a senior manager needs to remain in control of their emotions at all times, and to ensure that only disciplinary actions consistent with the Code of Good Practice: Dismissal (Schedule 8) are taken against employees. This week Ivan Israelstam explains why resorting to biting a junior employee is inadvisable.

Employers may feel that an assault does always merit dismissal of the offender's employment. This week Ivan Israelstam explains why this may not always be the case, and why the CCMA arbitrator may re-instate a dismissed employee. He explains the procedural and substantive issues that need to be considered.

Pages

Subscribe to Features