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Everyone can quote examples of entering a retail store, other service provider, or office, looking for service - only to find an employee filing their nails, or talking on a private call on their the cell phone, or clearly on a social network. Now who is responsible for this behaviour?  Yes, the individual himself or herself, but the key question is where is management?  Why is this employee allowed to behave like this in company time? This week Ivan Israelstam approaches the issue of management responsibility.

This week Ivan Israelstam explains why it is important that an employee should be allowed to cross-examination witnesses giving evidence at a disciplinary hearing. Sometimes a chairperson will interrupt or limit the employee's questions.  What is the implication when this happens?

What rights does an employer have to discipline an employee for misconduct outside the workplace? What will be taken into account when an employee commits an offence - or a related crime - outside the workplace? This week Ivan Israelstam explains what factors will be taken into account by the CCMA. 

This week Ivan Israelstam persuades employers to protect themselves by joining an employer organisation - so that they have protection at the CCMA. Ivan expresses the opinion that labour law provides very little protection for employers and that the protection of employees has been increasing over time. He provides examples from the cases.

 

This week Ivan Israelstam asks the question: why do employers continue to get it wrong?  The requirements are clearly laid out in plain English, but employers don't follow the procedural consultation requirements.  Even though there may be a valid operational requirement, it is still necessary to ensure that the procedures according to the Labour Relations Act are still followed - to ensure a procedurally fair retrenchment.  

Ivan Israelstam

Many employers will be able to provide examples of how employees ignore or don't comply with requests or instructions. When does failure to comply with instructions constitute sufficient grounds for dismissal?  This week Ivan Israelstam quotes from actual CCMA cases, where employees have been re-instated. Ivan highlights the challenge employers face - achieving a fair dismissal acceptable to the CCMA.  

Ivan Israelstam

Labour law - sometimes referred to as a minefield or a jungle - intended to indicate the complexity of the field for the unwary and unqualified. This week Ivan Israelstam sets out how to judge whether the person advising you really is knowledgeable and experienced, and what services they should be able to provide to you. 

Ivan Israelstam

Many employers will be able to relate to the situation of being infurirated by employee behaviour. However, as Ivan Israelstam explains this week, it is very dangerous for an employer to react emotionally and overstate the allegation of misconduct - by alleging dereliction of duty. This term has a very specific legal meaning and therefore at the CCMA the employer will have the responsibility for proving that the misconduct was a deliberate and intentional action by the employee.

Before embarking upon large scale retrechments, employers need to have a very clear understanding of what labour law requires. This week Ivan Israelstam explains the definition of large scale retrenchment and describes how the Labour Court has decided on retrenchment procedures. He concludes that everything is not clear and advises employers to seek legal assistance before embarking on large scale retrenchments.

Labour brokers - or temporary employment services (TES) - provide staff to companies, but sometimes fail to realise that they are also bound by the rquirements of labour law as employer. In addition to the legislation there may also be additional bargaining council determinations, which set conditions such as minimum wage rates. This week Ivan Israelstam explains how the CCMA has decided dismissal arbitrations involving labour brokers.

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