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...
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...
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...
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)...
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...
by Ivan Israelstam | Aug 14, 2020 | Labour Law, POPI ACT, POPI Compliant, Tools
South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result, the Protection of Personal Information Act of 2013 (POPI) was drawn up but did not come into effect for seven years...
by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes
The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
