mitigating circumstances

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.

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? 

This week Ivan Israelstam explains potential forms of disruption and indiscipline at the workplace - what he refers to as workplace rebellions. The article goes on to consider when dismissal is a fair response by the employer, quoting cases to show how the CCMA will respond to allegations of unfair dismissal. 

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