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Don’t Charge Employees Without Proof of Misconduct
Labour law heavily protects employees from unfair dismissal. Section 188 of the LRA effectively provides that a dismissal will be unfair...
Ivan Israelstam
Aug 12, 20243 min read
22 views


Confessions Not Always Irrefutable
While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...
Ivan Israelstam
Apr 29, 20243 min read
20 views


Legal Updates from 4 to 8 March: What You Need to Know
This complimentary weekly update includes a small selection of content from our paid subscription-based newsletters and latest blog posts.
The Lexinfo Team
Mar 8, 20243 min read
90 views


Beware of firing poor performers
Employee work performance is a key requirement for the operational success of businesses and other workplaces in South africa...
Ivan Israelstam
Jan 29, 20243 min read
18 views


Suspend employees with care
There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee’s employment to...
Ivan Israelstam
Jan 10, 20244 min read
12 views


Good faith consultation is obligatory for retrenchments
The Labour Relations Act (LRA) makes it obligatory for employers that are contemplating retrenchments to first consult about this...
Ivan Israelstam
Oct 23, 20234 min read
14 views


Fixed-term employment contracts not always appropriate.
The Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry....
Ivan Israelstam
Oct 4, 20233 min read
15 views


Deal with misconduct expeditiously
The adage that justice delayed is justice denied applies to labour law in the sense that employers that act too slowly can be found to be...
Ivan Israelstam
Sep 18, 20234 min read
26 views


Disciplinary skills are essential
I too frequently receive frantic requests from employers to help them get rid of an employee at all costs. In the midst of their panic...
Ivan Israelstam
Aug 14, 20233 min read
6 views


Destruction of trust relationship cannot be assumed.
Every employer and every employee has the right to expect that the other is trustworthy...
Ivan Israelstam
Jun 7, 20233 min read
36 views


Beware disciplining employees for off-site misconduct
What rights do employers have to discipline employees for misconduct perpetrated outside the workplace?...
Danielle Geldenhuys
Mar 20, 20233 min read
11 views


Automatic termination clauses dangerous
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:
Ivan Israelstam
Mar 13, 20234 min read
13 views


The validity of prior warnings is a vexed issue.
A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance...
Ivan Israelstam
Mar 6, 20233 min read
20 views


Firing the lot could put you in a spot.
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible...
Ivan Israelstam
Mar 1, 20233 min read
18 views


Labour law provides few employer protections
South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s...
Ivan Israelstam
Feb 8, 20233 min read
16 views
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