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).
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.
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