011 888 7944 ivan@labourlawadvice.co.za
Labour Law Management Consulting
  • Home
  • About Us
    • About the Debaters
  • Services
  • Seminars
  • Articles
  • Labour Law Debate
  • Q & A
  • Contact Us
Select Page
DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals

The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
UNFAIR SUSPENSIONS CAN BE PUNISHED

UNFAIR SUSPENSIONS CAN BE PUNISHED

by Ivan Israelstam | Nov 9, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Unfair Suspensions

While a suspension is not the same as a dismissal it is still regulated by law. Dismissal is a permanent termination of the person’s employment, suspension is merely a temporary halt on the employee’s right to provide services to the employer.   Suspensions...
WORKPLACE CONFLICT ADDS TO COVID WOES

WORKPLACE CONFLICT ADDS TO COVID WOES

by Ivan Israelstam | Oct 30, 2020 | CCMA, COVID-19, Employees, Labour Court, Labour Law, WORKPLACE CONFLICT

The Covid-19 era makes it essential that employers and employees work together to keep the company alive. Therefore, in the age of Corona, workplace rebellion can be the last nail in the coffin. The most typical form of rebellion known in South Africa is industrial...
DISCIPLINARY HEARINGS MUST BE HONEST

DISCIPLINARY HEARINGS MUST BE HONEST

by Ivan Israelstam | Oct 22, 2020 | CCMA, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Relations Act

Illegal entrapment occurs when the employer unduly induces an employee to break a rule as opposed merely to providing an opportunity for the employee to break that rule. I have mentioned in previous articles that illegal entrapment is not the only unfair method used...
CROSS-EXAMINATION IS A RIGHT

CROSS-EXAMINATION IS A RIGHT

by Ivan Israelstam | Oct 16, 2020 | CCMA, CROSS-EXAMINATION, Disciplinary Hearing, Labour Court, Labour Relations Act

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer.   The employer is not...
DIRTY HANDS WILL BE CANED AT CCMA

DIRTY HANDS WILL BE CANED AT CCMA

by Ivan Israelstam | Oct 2, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Relations Act

In common law, employers and employees have the obligation to treat each other fairly and within the law.   For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee...
ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

by Ivan Israelstam | Sep 18, 2020 | Alcohol consumption, Labour Law for Employers, Labour Relations Act, Tools, Unfair Dismissals

In the case of NUMSA obo Davids vs Bosal Africa (Pty) Ltd (1999 10 BALR 1240) the employee was dismissed for being under the influence of alcohol at work. The facts proved that there were no actual consequences of the employee working while under the influence of...
DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

by Ivan Israelstam | Sep 4, 2020 | CCMA, Discipline Costs, Labour Court, Labour Law Debate with Ivan Israelstam, Labour Relations Act

Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As the arbitrator has little or no way of testing the truth of the...
DISHONESTY WON’T ALWAYS MERIT DISMISSAL

DISHONESTY WON’T ALWAYS MERIT DISMISSAL

by Ivan Israelstam | Aug 28, 2020 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee.   The Code of Good Practice: Dismissal (The Code)...
CORONA DOES NOT GIVE EMPLOYERS THE RIGHT TO RETRENCH AT WILL

CORONA DOES NOT GIVE EMPLOYERS THE RIGHT TO RETRENCH AT WILL

by Ivan Israelstam | Aug 25, 2020 | CCMA, COVID-19, Labour Court, Labour Relations Act, Retrenchments

Retrenchments are a big part of the new normal, but this does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before...
« Older Entries
Next Entries »

Labour Law Seminar

Labour Law Seminar Book Here

Recent Articles

  • PRODUCTIVITY MINDSET = ECONOMIC FREEDOM
  • MANAGING EMPLOYEES WORKING REMOTELY
  • WHAT IS CON-ARB?
  • EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER
  • CAN YOU FORCE YOUR EMPLOYEES TO BE VACCINATED AGAINST COVID?

Categories

  • #UnfairTreatment
  • Alcohol consumption
  • CCMA
  • CON-ARB
  • Contracts
  • Corporate
  • COVID-19
  • CROSS-EXAMINATION
  • Disciplinary Hearing
  • Discipline Costs
  • Dismissal
  • Employees
  • Employment Contracts
  • Employment Equity Act
  • Government
  • Illegal Workers
  • Job Grading
  • Labour Brokers
  • Labour Court
  • Labour Law
  • Labour Law Debate with Ivan Israelstam
  • Labour Law for Employers
  • Labour Relations Act
  • Labour Unions South Africa
  • Outsourcing
  • POPI ACT
  • POPI Compliant
  • Productivity
  • Remote Working
  • Retrenchments
  • Sexual Harassment
  • SEXUAL RELATIONSHIPS
  • Strikes
  • Tools
  • Training
  • Uncategorised
  • Unfair Dismissals
  • Unfair Suspensions
  • Vaccination
  • WORKPLACE CONFLICT

Archives

Content Creation and Maintained by The Digital Alliance | Website Developed by The Framework