by Ivan Israelstam | Mar 25, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
When an employer instructs an employee temporarily to vacate its premises and to stop performing his/her duties this is called ‘suspension. The effect of a suspension is that the employee is not allowed to return to work until the employer instructs that he/she may do...
by Ivan Israelstam | Mar 21, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers frequently fire employees for legally unacceptable reasons including the following: A junior employee has had disagreements with a favoured senior executive. The manager dislikes the employee for personal reasons. The employee is unwilling to have sex with...
by Ivan Israelstam | Mar 17, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several fora including: The Commission for Conciliation, Mediation and Arbitration (CCMA) The Centres for Dispute Resolution attached to the...
by Ivan Israelstam | Mar 11, 2022 | CCMA, Corporate, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The CCMA is wise to ploys used by employers who are trying to evade their legal responsibilities. Therefore, moving to another location and or changing the name of the business does not stop unfairly dismissed employees from taking a business to the CCMA. And the CCMA...
by Ivan Israelstam | Feb 28, 2022 | CCMA, Corporate, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Promotion
A default award is one that is made by a CCMA arbitrator despite the fact that one of the parties to the dispute failed to attend the arbitration hearing. Arbitrators have the power to make default awards under certain conditions, and overturning such awards is very...
by Ivan Israelstam | Feb 21, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Promotion
It is often easier and less expensive to promote an employee into a vacant senior post than to go through the costly and time-consuming process of hiring a new incumbent from outside the organisation. Where the employer has made sure that the junior employee being...
by Ivan Israelstam | Feb 16, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, TRANSFER OF BUSINESS SERVICES
Over the past decade, millions of employees have been retrenched. One would have thought that, by now, companies would be so lean that further retrenchments would not be feasible. Despite this, large numbers of retrenchments are still occurring; and employers need to...
by Ivan Israelstam | Feb 7, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, TRANSFER OF BUSINESS SERVICES
The law does not allow new employers that take over a business in terms of section 197 of the Labour Relations Act (LRA), to retrench or otherwise dismiss any employees for reasons related to such takeover. The LRA requires the new employer, in a takeover as a going...
by Ivan Israelstam | Jan 31, 2022 | CCMA, Corporate, COVID-19, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Vaccination
Normally, a refusal to obey a reasonable instruction merits discipline, which in some cases could merit dismissal. However, refusal to be vaccinated should not be treated as misconduct. Our constitution and its resulting labour legislation protect employees from...
by Ivan Israelstam | Jan 24, 2022 | CCMA, Corporate, COVID-19, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions. In addition, legislation in the form of the Skills Development Act and the Employment Equity Act has been introduced. Since then, labour...
