disciplinary action

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What is a whistle blower? This week Ivan Israelstam addresses the Protected Disclosures Act, and how it affects employers and employees. Ivan provides examples from cases indicating how the court seeks to protect both employers and employees.


This week Ivan Israelstam addresses questions about: the loyalty that an employer can legitimately expect from employees; what employees' rights are, for example to join a union; what a conflict of interest is, and how an employer should deal with conflict of interest.


"I'll give you a warning". That is something heard by employees, when a supervisor or manager makes the statement as a threat because they are frustrated with the behaviour or non-compliance of an employee. This week Ivan Israelstam explains exactly how warnings should be viewed, and when different levels of warning are appropriate. 


This week, Ivan Israelstam explains two aspects of the interview and employment process. This article explains what information the law requires a job applicant to provide to the potential employer. Then, what action an employer may take - if they find out that the - now employee - misrepresented any aspect of their qualifications or experience.  Cases are quoted to indicate why it is necessary to follow the correct procedures prior to taking such action. 

 


For employers, any form of workplace disruption causes concern and frustration. Ivan Israelstam explains why it is important that employers do not respond emotionally to such disruptions, and only respond once their actions have been carefully considered.


What are the policies that an employer should have in place to deal with allegations by an employee of sexual harassment? What steps should the employer take if they receive an allegation, and is dismissal always the correct disciplinary action? This week Ivan Israelstam provides guidance for employers.


Many organisations experience hostility between employees for a number of reasons: favouritism, nepotism, affairs, jealousy over promotions, power struggles, sexist, racist, or bigoted behaviour - are just some of the situations. An employer may believe that the easist way to solve the problem is simply to dismiss the employees involved. This week Ivan Israelstam explains how this approach may backfire. 


Don’t underestimate the power of trade unions. That is the advice of Ivan Israelstam. How should shop stewards be treated? Is it possible to discipline shop stewards? Are there additional requirements before disciplining a shop steward? Is it possible to dismiss a shop steward? This week Ivan explains the rights and responsibilities of shop stewards, and uses an example of a shop steward dismissal he defended successfully at CCMA.


This week Ivan Israelstam explains why it is so important for management to be knowledgeable in labour law. The management of discipline is part of management responsibility and should not be seen as a specialist area for the HR or IR people to handle. Therefore training of all management is extremely important.


Do not dilly dally in bringing disciplinary charges. This is the advice of Ivan Israelstam, who explains exactly why disciplinary action should be timeous - not overly hasty, but definitely not long overdue. This week, Ivan explains what to take into account and how to achieve this balance.


Employers deal with a range of issues related to illness, for example: a genuinely ill employee who obtains a certificate from a bogus medical practitioner, or a traditional healer; or an employee who is not ill at all but obtains a fake medical certificate; or an employee who was ill but who extends the time given on a genuine certificate by altering the date - such as from a 1 to an 11 to obtain more days off. This week Ivan Israelstam explains the approach of CCMA Commissioners, and when disciplinary action may be taken.


As ivan Israelstam demonstrates this week, there are many reasons why spiteful actions arise in workplaces. But when emotions and egos come into play, the results can be both expensive and destructive for the business. To avoid these dangers you may want to read on and follow Ivan's advice.


One of the most difficult situations for companies to handle is an arbitration award that requires reinstatement or re-employment of previously dismissed employees. Apart from implications for the management of the rest of the workforce, the requirement not to be seen to victimise the employee/s is critical. Ivan Israelstam explains.

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