Tag: Labour Law Management Consulting

The law prohibits employers from disciplining employees who are ill or disabled. The Employment Equity Act prohibits unfair discrimination against employees on the grounds of illness. Section 187(1)(f) of the Labour Relations Act  (LRA) renders automatically unfair a dismissal implemented due to the employee’s illness.

There are a number of important issues relating to disciplinary investigations.

It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, many businesses realise that if they implement wholesale retrenchments they will not only lose valuable skills but will also reduce the buying power of the public. This would then further reduce the business’s ability to earn an income.

Consistently poor conduct normally reflects a management that is either unskilled or unwilling to manage employee conduct.

It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.

Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me | South African statutory and case law provides heavy protections for employees. For...

In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work and had displayed a ‘negative attitude’.

It often happens that an employer needs to terminate fixed-term contracts prior to its natural expiry date because there is unexpectedly no more work for the temporary employees. This can be tricky.

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

Labour law training is an operational necessity. However, it often happens that managers at whom this training is targeted often have the attitude of, 'let HR handle daily disciplinary problems, I’ll just mess it up'. But the implementation of discipline is an integral part of line management’s function and no manager can turn down the opportunity to add to his/her skills.