by Ivan Israelstam | Jun 24, 2016 | Labour Law, Labour Law for Employers
Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
by Ivan Israelstam | Jun 15, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
by Ivan Israelstam | Jun 1, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a...
by Ivan Israelstam | May 30, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at...
by Ivan Israelstam | May 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment...
by Ivan Israelstam | May 9, 2016 | CCMA, Labour Law, Labour Law for Employers
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). As a result trade union and employee rights have been...
by Ivan Israelstam | May 4, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment act has the effect that: members of minority trade unions are able to...
by Ivan Israelstam | Apr 25, 2016 | Employees, Labour Law, Labour Law for Employers, Training
Certain employers could be prosecuted for employing sex offenders. The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex...
by Ivan Israelstam | Apr 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines...
by Ivan Israelstam | Apr 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been directly involved in a great many cases where employees have been fired and, after appealing to the CCMA, have remained fired. It is not the firing of employees that the law...
