This week Ivan Israelstam explains how the word "unfair" is interpreted in labour law, and why it is so important for employers to understand what is regarded as unfair and what is automatically unfair. This is particularly important for employers to understand in relation to reasons for dismissal.
The Code of Good Practice on Dismissal (Schedule 8 of the Labour Relations Act) provides the guidelines for employers to follow in disciplinary proceedings. This code does not specifically require "cross-examination" but does provide that the employee must be aware of the allegations against them, to understand them, and be given a chance to state their side of the story - or defence - in response to the allegations.This week Ivan Israelstam explains the meaning of "cross-examination" and provides advice on how employers should proceed.
The South African Constitution provides employees with the right to fair labour practices. Prior to a dismissal decision an employee should be made aware of the allegations against him/her and given chance to be heard on the matter.
This week Ivan Israelstam explains what happened to employers who tried to avoid the requirements of the section on probation in the Code of Good Practice on Dismissal. Pretending an employee is on a fixed term contract - or an independent contractor - will cause just as much trouble at the CCMA. So the best practice is to provide the counselling, guidance or training that a probationary employee requires.
This week Ivan Israelstam explains: what may be considered a mitigating factor, why it is important, and how the employer needs to take these factors into account. He explains why it is important that chairpersons of disciplinary enquiries are suitably trained to meet these challenges - what mitigating factors to consider, and how to give them due weight.