Employers may be relieved when an employee confesses to some misdemeanour, and assume that a dismissal will then automatically be justified. This week Ivan Isrealstam explains why this is not so. There are a number of reasons why an employer cannot simply go ahead and dismiss the employee.
Good practices during recruitment of new employees are critical to business success. One key issue is to obtain relevant documentary evidence of qualifications and the employer has the responsibility to ensure that the documents, such as qualifications and licences are genuine. Obtaining a history of the potential employee's past work experience may be more difficult and what will be considered relevant to the position may not always be clear. This week Ivan Israelstam explains the complexities in establishing what is relevant.
Disciplinary hearings can be difficult situations for employers to handle. Management who have been trained in the labour law and disciplinary processes stand the best chance of managing the difficulties that may arise. This week Ivan Israelstam makes these points and how disciplinary disruptions should be handled.
What is the procedure for an arbitration? Must I take my witnesses along with me? Must I take the evidence - the documents/video recordings along to the CCMA with me? This week Ivan Israelstam makes clear exactly how the CCMA Commissioner will run the arbitration. The following questions are answered: who speaks first, what do the participants present, what is the role of the witnesses, and how is the evidence presented?
This week Ivan Israelstam provides a comprehensive explanation on what is required to investigate allegations of misconduct. Ivan points out that ignoring incidents represents poor management, but before acting upon allegations of misconduct, it is important to conduct investigation into the all the relevant evidence of misconduct.
Newly appointed supervisors and managers do sometimes find difficulty in understanding what is meant by a "fair labour practice". As Ivan Israelstam explains in this article, it is not quite as simple to identify what is unfair as it is to identify what is illegal in criminal law. This article sets out very plainly the questions managers and supervisors should ask themselves to determine whether their actions will be seen as "fair" - or unfair