by Ivan Israelstam | Nov 6, 2018 | Labour Law
Employers frequently misuse probation agreements to get rid of employees instantly because: The employee has committed misconduct The employer wants to make space for a friend or cousin of the owner The employee ‘does not fit in’ A manager ‘does not like the...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act
It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but, the Basic Conditions of Employment Act...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law for Employers, Labour Relations Act
Absenteeism is the most problematic form of misconduct because it reduces productivity. Most employers, therefore, require employees who are absent from work due to alleged illness or injury to provide proof, in the form of a medical certificate, that they were...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Retrenchments
While all retrenchments are painful and often devastating for employees, it is normal for employers to retrench employees after serious losses have been incurred as the employer can no longer afford to pay their salaries. It can also happen that those executives...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds, including gender and sex. In my view, gender discrimination occurs, for example, where the employer...
by Ivan Israelstam | Aug 30, 2018 | CCMA, Labour Law for Employers
Employers too often try to remove their older employees from employment in order to ‘make way for new blood’, or because such employees sometimes move more slowly or ‘do not fit in’. However, such employees are protected by the Employment Equity Act (EEA), which...
by Ivan Israelstam | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
by Ivan Israelstam | Aug 1, 2018 | CCMA, Employees, Labour Law for Employers
All grievances should be treated with great care in order to establish their validity and to ensure that they are given appropriate attention. Some employers are too soft and trusting when receiving grievances and give in even before establishing whether the grievance...
by Ivan Israelstam | Jul 23, 2018 | Employees, Labour Law, Labour Relations Act
Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of reasons including: Abuse of alcohol or other substance Incompetence – that is, while the employee...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Retrenchments
Africa Business Radio Podcast When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the...
