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Hearsay Evidence Can Render Dismissals Unfair

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [email protected]. Go to: www.labourlawadvice.co.za. At a disciplinary hearing the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is hearsay evidence. This occurs, for…

Working World Online Expo 12-14 August
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Working World Online Expo 12-14 August

LANDMARK CAREERS EXPO BRINGS RESOURCES While large events and gatherings remain prohibited, the SA’s long-standing careers exhibition – the Working World Expo – will go ahead next week thanks to a world-leading game-play expo platform developed locally. The Careers Fair, from August 12-14, featuring exhibiting educational institutions and corporates from across the country, will be…

A Bad Hiring Decision Costs An SME Far More!
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A Bad Hiring Decision Costs An SME Far More!

by Kirsten Halcrow A rockstar CV filled with bells and whistles of achievements and accolades… Tick Reasonable salary expectations that are fitting into the constrained budget… Tick Glowing references and recommendation letters…Tick Experience perfectly aligned with the job… Tick Hit it out of the park during both interviews… Tick …Six weeks later….”Why did I hire…

Unite As One -Artisan for ICT Infrastructure Learnership Development Program
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Unite As One -Artisan for ICT Infrastructure Learnership Development Program

  Artisan for ICT InfrastructureLearnership Development Program Closing Date : 14th April 2019 Invent the new workforce talent of the Future in South Africa. Orchestrating and driving innovation. Attract and develop talent that will fulfill the demand of workforce. Shaping the workforce of the future. Shifting the focus on how work is delivered and by…

JAMES BOND EMPLOYERS FALL FOUL OF PROBATIONARY LAW
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JAMES BOND EMPLOYERS FALL FOUL OF PROBATIONARY LAW

Employers frequently misuse probation agreements to get rid of employees instantly because: the employee has committed misconduct the employer wants to make space for a friend or cousin of the owner the employee ‘does not fit in’ a manager ‘does not like the employee’s face’ As probation is not a licence to fire, ‘James Bond’…

INFORMAL EMPLOYMENT DOES NOT PROTECT EMPLOYERS
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INFORMAL EMPLOYMENT DOES NOT PROTECT EMPLOYERS

It is a common erroneous belief among employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act (BCEA) does require employers to inform employees in writing of their particulars of…

YOU CANNOT IGNORE EXTENUATING CIRCUMSTANCES
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YOU CANNOT IGNORE EXTENUATING CIRCUMSTANCES

Even when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the employee. There are numerous possible remedies for misconduct which could include: Dismissal – the most severe corrective action Demotion – provided that the employee is given the choice of dismissal or demotion Suspension…

AUTOMATIC TERMINATION CLAUSES MIGHT NOT BE LEGAL
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AUTOMATIC TERMINATION CLAUSES MIGHT NOT BE LEGAL

You can inadvertently guarantee a temp. employee further employment According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows: The LRA requires the CCMA or Labour Court to reinstate the employee. This means that the employer…