by Ivan Israelstam | Aug 30, 2018 | CCMA, Labour Law for Employers |
Employers too often try to remove their older employees from employment in order to ‘make way for new blood’, or because such employees sometimes move more slowly or ‘do not fit in’. However, such employees are protected by the Employment Equity Act (EEA), which...
by Ivan Israelstam | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments |
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
by Ivan Israelstam | Aug 1, 2018 | CCMA, Employees, Labour Law for Employers |
All grievances should be treated with great care in order to establish their validity and to ensure that they are given appropriate attention. Some employers are too soft and trusting when receiving grievances and give in even before establishing whether the grievance...
by Ivan Israelstam | Jul 23, 2018 | Employees, Labour Law, Labour Relations Act |
Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of reasons including: Abuse of alcohol or other substance Incompetence – that is, while the employee...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Retrenchments |
Africa Business Radio Podcast When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the...
by Ivan Israelstam | Jul 18, 2018 | Labour Law, Labour Law Debate with Ivan Isrealstam, Labour Relations Act |
The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem relates to poor work performance, misconduct, job redundancy or incapacity due to...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals |
Africa Business Radio Podcast Many employers failed to double check that the qualifications submitted by job candidates are genuine. The common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law Debate with Ivan Isrealstam |
The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case he has to meet and be given a proper opportunity to prepare and...
by Ivan Israelstam | Jul 6, 2018 | CCMA |
In the interests of resolving labour disputes, CCMA commissioners have been given a wide variety of powers including the power to: Subpoena witnesses and documents On authorisation, enter and inspect any premises on which any relevant document or other object is to be...
by Ivan Israelstam | Jul 6, 2018 | Employees |
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation...
