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:...
by Ivan Israelstam | Feb 8, 2018 | CCMA, Labour Law, Unfair Dismissals
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstam | Nov 20, 2017 | CCMA, Labour Law, Labour Relations Act
During 2014 and 2015 the Department of Labour introduced a spate of new legislation with far reaching significance for employers. These major amendments have increased the already powerful stranglehold that legislation had on productive business management and...
by Ivan Israelstam | Nov 13, 2017 | CCMA, Unfair Dismissals
Workplace fraud, by its nature, is a secretive act. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Collins Concise Dictionary defines fraud as “deliberate deception, trickery or cheating intended to gain an...
by Ivan Israelstam | Nov 6, 2017 | Uncategorised
BY Ivan Israelstam, 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. Go to: www.labourlawadvice.co.za The drafters of the Labour Relations Act of 1995 (LRA)...
