by Ivan Israelstam | Jan 18, 2021 | CCMA, Labour Court, Labour Law, Labour Relations Act
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...
by Ivan Israelstam | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act
Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another...
by Ivan Israelstam | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: Divulge...
by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...
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...
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...
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...
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...
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...
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...
