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unfair dismissal

retired worker

This week, Ivan Israelstam explains how an employer can inadvertently guarantee an employee further employment - even though their contract states that it is a temporary period of employment. He explains the dangers to employers, who attempt to avoid their labour law obligations, by manipulating employment contracts, for example with fixed term contracts.

Ivan Israelstam explains in detail employee rights in terms of the Basic Conditions of Employment Act (BCEA), and how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court may approach disputes, which combine BCEA disputes, with matters under the Labour Relations Act (LRA), such as unfair dismissal disputes.   

What is required to suspend an employee from work?  This week Ivan Israelstam explains how employers can cause themselves very expensive problems by losing their temper and treating employees unfairly.  

Employers sometimes become emotional about an employee, and will manipulate circumstances to achieve a dismissal. One of the ways of doing this is to put further allegations against an employee, when the matter has previously been decided. Ivan Israemstam quotes a number of cases to illustrate the point of when re-doing hearings is justifiable - and how employers may lose if they manipulate the circumstances.

When an arbitrator finds that an employee as been unfairly dismissed, the award will require the employee to be re-instated - unless there are conditions preventing reinstatement. This week Ivan Israelstam indicates the practical and psychological implications for the employer of having a re-instated employee within the workforce.

The start of a new calendar year is a good time for employers to review company policies and procedures. This week Ivan Israelstam explains the value of a disciplinary code to set out the rules of the employer. The employer should then ensure that all management and employees are trained in the interpretation of the rules. Employees need to be educated in the implications and sanctions if they break the rules.   

When will it be fair to dismiss an employee for poor performance? What is poor performance? What are the employer's rights in setting the performance standard and what are the employer's responsibility towards employees?  This week Ivan Israelstam responds to these critical questions that apply to all employers and explains what the employer will need to be able to demonstrate to a CCMA commissioner in an unfair dismissal arbitration. 

Employers may believe that by using a fixed-term contract, they will avoid having to permanently employ a person. However, this week Ivan Israelstam explains how an employer can inadvertently guarantee a temporary employee a reasonable expectation of further employment.

In common law employers and employees have the obligation to treat each other fairly and within the law. What does that mean? This week Ivan Israelstam explains very clearly what the obligations are for both employers and employees. The CCMA arbitrators and the Labour Court and Labour Appeal Court judges will not take kindly to parties to do bring forward an accurate account of events, or are shown to have not met their obligations. 

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