by Ivan Israelstam | Jun 13, 2019 | #UnfairTreatment, CCMA, Employees, Labour Law, Labour Relations Act, Unfair Dismissals |
The lodging of complaints by staff cannot be used as grounds for alleging incompatibility or dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted...
by Ivan Israelstam | Jun 7, 2019 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa |
It is inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the employer and to devote his/her efforts to the interests of the employer. The employee should, therefore, carry...
by Ivan Israelstam | May 23, 2019 | #UnfairTreatment, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may include: The employer fears having a criminal at the workplace...
by Ivan Israelstam | May 9, 2019 | Employees, Labour Law for Employers, Labour Relations Act
The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee skills should be seen as an expense or as an investment. Most frequently employers consider the money...
by Ivan Israelstam | May 2, 2019 | Labour Law, Labour Relations Act
Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is contentious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought...
by Ivan Israelstam | Apr 26, 2019 | Uncategorised
Labour law, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected. Labour law very reluctantly allows employers to terminate the employment of workers but...
by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Mar 26, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and...
by Ivan Israelstam | Mar 22, 2019 | CCMA, Labour Law, Labour Law for Employers
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law works around them. In labour law, the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and work performance...
