Tag: Labour Law Management Consulting

Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win without witnesses.

The Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A Child (The Code) is aimed at protecting pregnant and post-pregnant employees, and obliges employers to implement a series of appropriate measures to protect pregnant or breast-feeding employees from hazards at the workplace.

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.