by Ivan Israelstram | Jun 19, 2018 | CCMA, Employees, Labour Law |
Unlawful retrenchment process according to the Labour Relations Act As a result of South Africa’s highly restrictive labour legislation, employers threaten to close down their businesses. But it is not necessary for employers to take such drastic steps merely because...
by Ivan Israelstram | Jun 11, 2018 | Employees, Labour Law, Labour Law for Employers |
The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to: be remunerated for work done be given vacation leave, sick leave,...
by Ivan Israelstram | Jun 11, 2018 | CCMA, Labour Law |
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but often brought little or no support for...
by Ivan Israelstram | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Isrealstam |
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
by Ivan Israelstram | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act |
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...
by Ivan Israelstram | May 5, 2018 | Uncategorized |
The role of private arbitration in labour law is in the spotlight as we enter ‘strike season’.The huge losses resulting from the frequent, drawn out and violent brand of strikes in South Africa raise the question of how such conflict can be prevented. The...
by Ivan Israelstram | Apr 27, 2018 | Corporate, Labour Law |
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same business under a different name and/or in a different place, the...
by Ivan Israelstram | Mar 2, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised |
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, a second disciplinary process might be justified if the employer is able to present:...
by Ivan Israelstram | Feb 8, 2018 | CCMA, Labour Law, Unfair Dismissals |
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstram | Nov 20, 2017 | CCMA, Labour Law, Labour Relations Act |
During 2014 and 2015 the Department of Labour introduced a spate of new legislation with far reaching significance for employers. These major amendments have increased the already powerful stranglehold that legislation had on productive business management and...
