by Ivan Israelstam | Sep 14, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
The Labour Relations Act (LRA) in conjunction with the Arbitration Act gives the CCMA, bargaining councils, Labour Court, Labour Appeal Court and private arbitrators the power to take very strong action against employers who commit unfair labour practices or unfair...
by Ivan Israelstam | Sep 9, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
by Ivan Israelstam | Sep 1, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...
by Ivan Israelstam | Aug 24, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
The trade union movement in South Africa is very powerful. This is not only because of the relatively high number of unionised employees and because of the extremely strong legislation supporting unionisation, but also because of the political alliance between the...
by Ivan Israelstam | Aug 17, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
Employees’ level of work performance is a crucial factor in the advancement of South Africa’s economy and in the success of each enterprise. This is one reason why the law allows employers to dismiss employees who fail to perform according to performance...
by Ivan Israelstam | Aug 11, 2021 | CCMA, Corporate, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, PRIVATE ARBITRATION, Retrenchments
The huge losses that can result from strikes raise the question of how strikes can be prevented. The consequences of strikes can include: The employer’s loss of clients Financial losses for businesses Closure of businesses Industrial sabotage Loss of pay and...
by Ivan Israelstam | Aug 3, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee should be entitled to a reasonable time to prepare the...
by Ivan Israelstam | Jul 27, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door. In the absence of statutory guidance, case after...
by Ivan Israelstam | Jul 20, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Shop Steward
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
by Ivan Israelstam | Jul 13, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, REINSTATED EMPLOYEES
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort. A reinstatement order, forcing the employer to take the employee back (often with...
