by Ivan Israelstam | Jun 6, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Our labour dispute resolution system often claims jurisdiction over foreign employers. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South African working at a South African-based foreign embassy would...
by Ivan Israelstam | May 30, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The law makes it essential for employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and who...
by Ivan Israelstam | May 24, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
There are many different reasons that employers lose at arbitration despite their confidence that they would win. Some of those reasons include: The case of the employer concerned was weak without him/her realizing it The employer’s case was strong but he/she failed...
by Ivan Israelstam | May 18, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law allows them to use such warnings. In labour law the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and...
by Ivan Israelstam | May 12, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Due to state capture, loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis. The biggest fallout of this economic weakness is the very high number of retrenchments in this country. Many employers are tempted to use...
by Ivan Israelstam | May 5, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Covid state of disaster regulations expired on 15 April 2022. However, these were replaced by a code of good practice for managing Covid in the workplace. The purpose of the code is to ensure that employers go the extra mile to protect employees from contracting...
by Ivan Israelstam | Apr 27, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The CCMA, from time to time, suffers case backlogs and delays in resolving disputes. One of the reasons for this is the fact that the CCMA is overloaded with cases, and the case load is constantly increasing. As a consequence, the Labour Relations Act (LRA) as amended...
by Ivan Israelstam | Apr 20, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes the airline...
by Ivan Israelstam | Apr 11, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
In my previous article I explained that the New Code of Practice: Managing Exposure To Covid In The Workplace, 2022 requires employers to conduct a special health risk assessment (HRA) and to implement a plan to protect its employees from contracting Covid.This code...
by Ivan Israelstam | Apr 3, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The current state of disaster will lapse on 15 April 2022; and indications are that it will not be renewed. This is indicated by the fact that the Minister of Employment and Labour has issued a new Code of Practice to replace those provisions of the Disaster...
