Ivan Israelstam: Disciplinary hearings are vital
- 1 March 2010 - 0 commentsWhile arbitrators have repeatedly faulted employers for procedural unfairness at disciplinary hearings certain employers still maintain that there is no need for a formal hearing.
Costly protection
- 25 February 2010 - 0 commentsExperts at Walkers Attorneys say that the new Consumer Protection Act of 2009 is likely to have a significant impact on manufacturers of consumer products in South Africa.
Out of court settlements on the rise
- 30 January 2010 - 0 commentsBY Ivan Israelstam, Chief Executive of Labour Law Management Consulting.
Disputes dealt with by the CCMA and bargaining councils include unfair dismissals, unfair labour practices and unfair discrimination including sexual harassment. Sometimes these disputes arise because employees fabricate such complaints. However, more often it is because employers either do not know or understand labour law, are not expert in implementing the law or believe that they can get around the law.
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What is a default award?
- 1 January 2010 - 0 commentsBy Ivan Israelstam Chief Executive of Labour Law Management Consulting
An arbitration hearing is very similar a court case. At such hearings employers are charged with unfair practice. However, many employers lose these cases because they ignore the document instructing them to appear. The CCMA notice summoning the employer to the hearing is a relatively harmless looking document. This is because it:
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What is poor work performance?
- 1 August 2009 - 0 commentsBy: lvan lsraelstam, Chief Executive of Labour Law Management Consulting
Poor performance of work by employees is a major source of unproductive and unprofitable business in South Africa. It is therefore a major source of frustration for employers. This is more so because employees who perform poorly all well protected by labour law. Even if you have proof that the employee is under performing there is a mine field of procedures you must follow before you discipline and/or dismiss the employee.
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Employers should have disciplinary codes
- 9 July 2009 - 0 commentsBy: lvan lsraelstam, Chief Executive of Labour Law Management Consulting
Even if the law did not require employers to formalise workplace rules it would be essential for employers to do so as part of a system for keeping order in the workplace. Properly designed and clearly communicated rules serve to set the standards of conduct expected from employees.
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