by Ivan Israelstam | May 22, 2020 | COVID-19, Disciplinary Hearing, Labour Court, Labour Law, Labour Relations Act
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
by Ivan Israelstam | May 11, 2020 | COVID-19, Employees, Labour Law for Employers, Labour Relations Act, Tools
Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions. However, as large as this body of legislation is it often falls short when it comes to detail. For example, the LRA requires employers to...
by Ivan Israelstam | Apr 27, 2020 | Labour Law, Labour Law for Employers, Retrenchments, Tools
It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, most businesses realise that if they implement wholesale retrenchments, they will not only lose valuable skills but will also reduce the buying...
by Ivan Israelstam | Apr 20, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Tools
The CCMA’s policy guidelines for misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines backed up by the law, pave the way for employers and employees to take the...
by Ivan Israelstam | Apr 20, 2020 | Employment Equity Act, Labour Court, Labour Law for Employers, Labour Relations Act, Sexual Harassment
The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that sexual harassment is going on. The courts have upheld this provision. For example, in the...
by Ivan Israelstam | Apr 2, 2020 | Labour Law for Employers, Labour Relations Act, Retrenchments, Tools
It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, many businesses realise that if they implement wholesale retrenchments they will not only lose valuable skills but will also reduce the buying...
by Ivan Israelstam | Mar 23, 2020 | Labour Law, Labour Law for Employers, Labour Relations Act, Tools, Uncategorised
Since the cancer of apartheid, South Africa’s workplaces have not been affected by a malady anywhere nearly as bad as Corona. Corona severely threatens not only our physical health but also the economic health of workers, employers and the economy as a whole. We have...
by Ivan Israelstam | Mar 13, 2020 | CCMA, Employees, Labour Law, Labour Law for Employers
It is legally very dangerous for employers to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law. ...
by Ivan Israelstam | Feb 19, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
There are six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A...
by Ivan Israelstam | Jan 22, 2020 | Labour Law, Labour Relations Act, Outsourcing
The takeover of an entity or part thereof by a new owner or new management often causes loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to...
