Features

The key document for employers to follow when taking disciplinary action, is the Code of Good Practice: Dismissal (The Code), contained in Schedule 8 of the Labour Relations Act (LRA). This should be read in conjunction with the employer's own Disciplinary Procedure. This week Ivan Israelstam uses cases to explain the difficulties that arise should an employee request to be represented by a lawyer at the internal disciplinary enquiry. 

There are a number of reasons why employers might suspend an employee. This week Ivan Israelstam deals with these questions: What are the reasons for suspension? What are the risks associated with each reason?

Taxpayers with an annual income not exceeding R500 000 will no longer be required to submit tax returns. 

This week Ivan Israelstam explains the background to the Commission for Conciliation Mediation and Arbitration (CCMA) Guidelines. What is the purpose of publication of the guidelines, and what are some of the important items included in the document? The guidelines are intended to ensure greater consistency in Commissioners' arbitration decisions, and meet the Constitutional right of employers to fair administrative action. In conclusion, Ivan reinforces that the onus to prove a fair dismissal rests with the employer.  

Technology has changed the game and every industry and sphere of life has been affected. Even our language has been forced to make room for new words and terms that describe the digital world we now live in.

The CCMA Guidelines: Misconduct Arbitrations (The Guidelines) states that it is not unfair for employers to use third parties such as attorneys to chair disciplinary hearings. However, these highly important guidelines do not give disciplinary hearing chairpersons the right to conduct such hearings in a biased manner. The Guidelines oblige Commissioners to assess whether workplace dismissals are fair or unfair, and it is difficult to see how such dismissals can be fair if the presiding officer is biased and if it is shown that such bias results directly in prejudice to the employee.

 

President Cyril Ramaphosa will today host 70 girl learners in Grade 10 - 12 from various schools around Gauteng and the Western Cape as part of the Take a Girl Child to Work programme to be held at the Union Buildings.

The sharing economy is a quick, convenient and affordable way to share underutilized assets.

President Cyril Ramaphosa has announced this, much awaited, new national Cabinet.  

 

President Cyril Ramaphosa has called on business, labour as well as South African citizens, to mobilise all resources to address poverty, inequality and unemployment, as the country embarks on a new era, key to which would be forging an ethical state free of corruption.

Citizens in Tshwane, especially those in the vicinity of Loftus Versfeld and motorists, are advised to make alternative arrangements as some streets will be closed due to the Presidential Inauguration on Saturday.

Are you, or do you know of, a black woman owned beverage business, which is looking to grow in technical expertise, sustainable revenue

 

 

On 9 May 1994, the late struggle stalwart Albertina Sisulu rose from her seat in the first democratic sitting of Parliament to nominate former statesman Nelson Mandela as President in what has since become a historic visual in the minds of most South Africans.

Employers do become emotionally involved in some of the serious disciplinary cases at the workplace. So as Ivan Israelstam points out, it is very important to have a trained person to chair disciplinary hearings. It is important to understand the requirements of Schedule 8, which requires a two step process - first to prove what happened, and then to consider all circumstances before taking the decision to dismiss. That is the requirement of considering mitigating factors.  

The benefits of women in the workplace are even greater than originally thought, according to a new study by the International Monetary Fund. 

“This election confirms that freedom does indeed reign in South Africa. It gives us the assurance that our people are the true custodians of our freedom and democracy.”

Political analysts have lauded the influence of President Cyril Ramaphosa in the performance of the African National Congress (ANC) in the 2019 National and Provincial Elections.

The Electoral Commission (IEC) had finalised results from 13 731 of the 22 924 voting stations (59.89%), totaling 8.9 million votes at 6.30pm on Thursday.

With only 16.66% of the voting districts having completed their counting so far, the results up on the leader board at the IEC’s National Results Operation Centre in Pretoria, are far from final.

Employers sometimes become emotional about an employee, and will manipulate circumstances to achieve a dismissal. One of the ways of doing this is to put further allegations against an employee, when the matter has previously been decided. Ivan Israemstam quotes a number of cases to illustrate the point of when re-doing hearings is justifiable - and how employers may lose if they manipulate the circumstances.

South Africa goes to the polls May 8th 2019, in what I believe is the country’s first adult election.

Do young people have an obligation to cast their vote in the upcoming election, or is it their right to remain silent?

During 2014/15, and again in 2018, there have been a number of changes made to the legislation affecting the obligations of employers and the rights of employees, and responsibilities of commissioners presiding over misconduct hearings.  This week Ivan Israelstam points out that employers are failing to defend their decisions at the CCMA. A number of important changes are listed and Ivan will be covering these over the coming weeks.

Some times in life being ethical is easy, however there are many times when making the ethical choice can be a struggle.

This week Ivan Israelstam answers the question: what is workplace fraud? Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA.  

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