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dismissal

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.

 

Ivan Israelstam

Employers sometimes think that employing a person on a fixed-term contract will save the company any obligations in terms of labour law. Under employment equity legislation and codes, there are already implications for employing people on long term contracts in what are permanent positions. This week Ivan Israelstam explains the implications of a Labour Court decision, which finds the employer did not have a right to terminate a fixed-term contract before the end of the term.  

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.  

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.

In dismissal or other disputes, when employers believe that the employee is not telling the truth or misrepresenting the facts related to the case, it is very important that employers take it very seriously and carefully prepare their own case, so that the Commissioner is able to reach the correct conclusion. Ivan Israelstam explains further.

This week Ivan Israelstam provides examples of how under-prepared, or inexperienced and untrained employers go wrong - and the financial an industrial relations implications when dismissed employees are re-instated.

Employers who use consecutive fixed-term contracts for an employee, and then don't issue one for whatever reason - need to understand that the CCMA Commissioners will regard that employee as being permanent. This is just one of the examples that Ivan Israelstam quotes this week to explain why employers should not misuse fixed-term contracts. Using a fixed-term contract for probationary purposes is also not correct. Where the position is permanent; probation should be covered by a probationary clause in a permanent contract.

Over a long period of time, many employers will be able to recall employees, who have not fitted in well in the organisational culture - despite being qualified for the position. However, sometimes the responsibility for not being able to get on with other employees does not rest with the employee, but elsewhere - and possibly with the manager or boss. This week Ivan Israelstam provides a practical example of the limits of managerial prerogative, and how any apparent incompatibility should be identified and handled.

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