by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
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 8, 2016 | CCMA, Corporate, Labour Law for Employers
It may well continue without you. 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 it is difficult, in the...
by Ivan Israelstam | Aug 30, 2016 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One...
by Ivan Israelstam | Aug 28, 2016 | Labour Law, Labour Law for Employers
Sex related acts not always sexual harassment In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment...
by Ivan Israelstam | Aug 3, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
The August winds are spreading infections amongst and workplace absenteeism is rife. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working. The Labour Relations Act (LRA) requires that...
by Ivan Israelstam | Jul 27, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the...
by Ivan Israelstam | Jul 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The cold wind of strike season is with us again and is causing more chills than the winter weather. 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...
by Ivan Israelstam | Jul 18, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web address: www.labourlawadvice.co.za. This article first appeared in The Star. A while...
by Ivan Israelstam | Jul 5, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Making dismissal stick requires legal know how We too often hear the shout from business owners and managers: “Get rid of him now; we’ll worry about the law later!” Little do they realise that ‘the costs’ they are shouting about could be immense. This is especially so...
by Ivan Israelstam | Jun 29, 2016 | CCMA, Corporate, Labour Law
Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on...
