dismissal decisions

This week, Ivan Israelstam uses examples of cases from the CCMA, the Labour Court and the Labour Appeal Court, to explain how decisions can be overturned from one court to the other. Ivan explains why it is important for employers to have an understanding of the pattern of decisions, to understand what is clearly decided, and what is still uncertain - in order to be able to identify what is relevant to their own cases. 

When an employer dismisses an employee it is vitally important that the decision to dismiss is based upon solid evidence that is directly related to the reason to dismiss.  This week Ivan Israelstam explains what can go wrong in a CCMA Arbitration, or Labour Court review if the evidence is not relevant to the dismissal decision - or the CCMA arbitrator has failed to consider the relevant evidence. 

When may an employer decide that dismissal is the correct sanction, and when may a CCMA Commissioner overturn that dismissal decision?. This week Ivan Israelstam explains the rights of CCMA Commissioners. Ivan also points out how the courts have confirmed the extent of the Commissioner powers, and how and when a Commissioner may override an employer decision to dismiss an employee.

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