tag:blogger.com,1999:blog-3861449404241696503Sun, 08 Sep 2024 09:06:47 +0000South Africahttp://workplacesa.blogspot.com/noreply@blogger.com (Unknown)Blogger9125tag:blogger.com,1999:blog-3861449404241696503.post-7300874719467556109Thu, 21 Feb 2008 12:49:00 +00002008-02-21T14:51:58.654+02:00Commencing the Private Disciplinary Arbitration process when an employee is being accused of serious misconduct.You have workplace rules and procedures in place, which require an internal hearing and appeal procedures and need to implement private disciplinary arbitration procedures, in terms of the Arbitration Act 42 of 1965, without this being a unilateral change to these workplace rules, http://workplacesa.blogspot.com/2008/02/commencing-private-disciplinary_21.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-6362155973960266695Wed, 06 Feb 2008 04:14:00 +00002008-02-11T11:35:32.602+02:00Arbitration relating to the dismissal of an employee Arbitration is generally a dispute resolution process whereby disputes between parties are resolved through the intervention of an independent third party, based on consensus between the parties to a dispute as to who the third person will be and the process to be followed. The decision of the arbitrator is published as an award, which will http://workplacesa.blogspot.com/2008/02/arbitration-relating-to-dismissal-of.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-2018878532052014308Tue, 05 Feb 2008 18:57:00 +00002008-02-06T09:20:45.949+02:00Why can’t employers just learn? ‘Disciplinary procedures and labour legislation is certainly not a DIY matter’ Derek Jackson - Labour Guide Employers are reluctant to pay external expert practitioners to help them with labour matters and the solving such matters usually ends up costing more than the practitioner’s fees would have been. Derek gives compelling reasons why employers should http://workplacesa.blogspot.com/2008/02/why-cant-employers-just-learn_05.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-146252191594327471Tue, 29 Jan 2008 18:09:00 +00002008-01-29T20:30:30.444+02:00In the case Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CCT 85/06) [2007] ZACC 22 (5 October 2007 at par 76, the Constitutional Court indicates that unions and employees should be encouraged to refer their cases concerning dismissal to the CCMA.Employers can mitigate the risk of having dismissal cases referred to the CCMA by firstly understanding the reasons why dismissal http://workplacesa.blogspot.com/2008/01/why-do-employees-challenge-employers.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-1842985487420526105Sat, 26 Jan 2008 16:52:00 +00002008-01-27T12:14:58.185+02:00In the case Hoch v Mustek Electronics (Pty) Ltd (2000) 21 ILJ 365 (LC) at 372, the employee dishonestly misrepresented her qualifications when she applied for a position. In evidence before the court the employer indicated that he would not have employed the applicant had he known about the dishonesty in order to boost her curriculum vitae.The court found that the dishonesty goes to the heart of http://workplacesa.blogspot.com/2008/01/misrepresentation-of-qualifications-or.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-7719788614603651305Sat, 26 Jan 2008 14:45:00 +00002008-01-26T17:31:15.486+02:00Tony Healy, in his regular article in The Star,'CCMA is not a court of Law' got me thinking about the findings of the Constitutional Court which confirms that the CCMA is not a court of law:'However, there are significant differences. The CCMA is not a court of law. A commissioner is empowered in terms of section 138(1) to conduct the arbitration in a manner he or she considerers appropriate in http://workplacesa.blogspot.com/2008/01/ccma-is-positively-not-court-of-law.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-7462257091774808608Sat, 26 Jan 2008 04:08:00 +00002008-01-26T06:32:03.221+02:00‘Dismissal is not an expression of moral outrage; much less is it an act of vengeance. It is, or should be, a sensible operational response to risk management in the particular enterprise.’ Conradie, JA at par 22 in De Beers Consolidated Mines v Commission for Conciliation Mediation and Arbitration and Others (JA68/99) [2000] ZALAC 10 (3 March 2000)(Own emphasis)Identifying operational risksEach http://workplacesa.blogspot.com/2008/01/dismissal-sensible-risk-management-tool.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-1918015443717575055Thu, 24 Jan 2008 13:37:00 +00002008-01-24T17:24:48.183+02:00 The CCMA may overturn the employers decission to dismiss 'The CCMA is entitled to overturn the sanction of dismissal imposed by an employer even if the dismissal sanction could be seen by reasonable people to be fair' - Ivan Israelstam The above quote refers to the sentiment expressed by the Constitutional Court in, Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CCT 85/06http://workplacesa.blogspot.com/2008/01/ccma-may-overturn-employers-decission.htmlnoreply@blogger.com (Unknown)tag:blogger.com,1999:blog-3861449404241696503.post-8990433150446461916Thu, 24 Jan 2008 09:45:00 +00002008-01-26T07:31:57.784+02:00'Employers need a strategy to protect against slackers who utilise labour laws.Be safe from those who will take advantage.' Ivan Israelstam The South African Labour GuideIvan Israelstam is chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or labourlaw@absamail.co.zahttp://workplacesa.blogspot.com/2008/01/developing-new-strategy-in-workplace.htmlnoreply@blogger.com (Unknown)