dismissal

This week Ivan Israelstam answers these questions: What is a Con-Arb, and how does it differ from conciliation and arbitration? What the implications if an employer receives a notification for a Con-Arb at the CCMA? How should an employer respond to a notice of Con-Arb? Can an employer object to a Con-Arb?  

When should the chairperson of an internal disciplinary hearing consider allowing a lawyer to represent the employee facing the disciplinary hearing? Ivan Israelstam explains how the courts have considered this question, and what employers should take into account in order to respond to such requests. 

This week Ivan Israelstam explains why it is important for management to understand the difference between mitigating circumstances and extenuating circumstances. He argues that there is a difference - and explains how this understanding relates to provocation and affects decisions to dismiss.

This week Ivan Israelstam answers the question on whether an allegation of assault will automatically always lead to a decision to dismiss. Ivan looks at how the authorities have dealt with the question, and concludes that the specific circumstances of each case need to be carefully considered before reaching a decision.

You can be an employee before you start work! This week Ivan Israelstam explains that there gap in employent law. That is because neither the Labour Relations Act, nor Basic Conditions of Employment Act, nor the Employment Equity Act adequately cover this question. Ivan advises on the limitations in finding a way forward by relying upon the law of contract. So, Ivan explains how have the Labour Court, and Commission for Conciliation Mediation and Arbitration (CCMA) have responded - and the Labour Appeal Court has stepped in.

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. 

 

Last week, Ivan Israelstam explained the personal reasons employers may have to utilise probation to dismiss employees. This week, Ivan describes the alternative action the employers may take - instead of dismissing the employee, the employee is demoted.  This action, equally as with the dismissals, may run into criticism at the Commission for Conciliation Moderation and Arbitration (CCMA). 

This week Ivan Israelstam explains why "James Bond" employers, who use probation to simply dismiss employees - whether they have broken rules, or just simply because they are not popular with the boss, will be tripped up at the Commission for Conciliation Mediation and Arbitration (CCMA).

The retrenchment of a senior management employee will always be a difficult exercise, and all the more reason why the employer should ensure compliance with the Labour Relations Act and Codes of Good Practice, and that the correct procedures are followed. Ivan Israelstam quotes a case where the employer tried to both retrench and disciplline a senior employee.

Disciplinary hearings are often held in an emotional environmental, which can lead to decisions being taken - without consideration of all the circumstances.  This week Ivan Israelstam explains exactly what are extenuating circumstances, and answers the question - how important are they to the dismissal decision? 

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