by Ivan Israelstam | Jul 6, 2018 | Employees
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation...
by Ivan Israelstam | Jun 22, 2018 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals
702 PODCAST Listen to Ivan Israelstam explain the application of “unfair” in matters of dismissal or suspension. Of all the confusing legal terms used in labour law the one that keeps most judges, arbitrators, employers and legal practitioners awake at night is the...
by Ivan Israelstam | Jun 19, 2018 | CCMA, Employees, Labour Law
Unlawful retrenchment process according to the Labour Relations Act As a result of South Africa’s highly restrictive labour legislation, employers threaten to close down their businesses. But it is not necessary for employers to take such drastic steps merely because...
by Ivan Israelstam | Jun 11, 2018 | Employees, Labour Law, Labour Law for Employers
The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to: be remunerated for work done be given vacation leave, sick leave,...
by Ivan Israelstam | Jun 11, 2018 | CCMA, Labour Law
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but often brought little or no support for...
by Ivan Israelstam | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...
by Ivan Israelstam | May 5, 2018 | CCMA, Employees, Labour Law, Labour Relations Act
The role of private arbitration in labour law is in the spotlight as we enter ‘strike season’.The huge losses resulting from the frequent, drawn out and violent brand of strikes in South Africa raise the question of how such conflict can be prevented. The...
by Ivan Israelstam | Apr 27, 2018 | Corporate, Labour Law
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same business under a different name and/or in a different place, the...
by Ivan Israelstam | Mar 2, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, a second disciplinary process might be justified if the employer is able to present:...
