by Ivan Israelstam | Apr 4, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
An integral element of an employment relationship is the need for and the right of the employer and employee to trust each other. This is a two-way street and either party could forgo his/her right to continue the employment by destroying the trust relationship. Thus,...
by Ivan Israelstam | Mar 28, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Training
Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good...
by Ivan Israelstam | Mar 14, 2016 | CCMA, Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments
The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory)...
by Ivan Israelstam | Feb 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to...
by Ivan Israelstam | Feb 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions. A distinction should be drawn between an interdict and a writ....
by Ivan Israelstam | Feb 1, 2016 | Uncategorised
The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides, evidence relating to the charges against the employee. Part of the hearing of evidence is the right of the opposing party to cross examine any evidence...
by Ivan Israelstam | Jan 25, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
The takeover of an entity or part thereof by a new owner or a new management often cause loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to...
by Ivan Israelstam | Jan 11, 2016 | Employees, Labour Law, Labour Law for Employers, Retrenchments
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that, should the employee cease to be a shareholder or a director, his/her contract of...
by Ivan Israelstam | Dec 7, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given...
by Ivan Israelstam | Nov 30, 2015 | CCMA, Corporate, Employees, Job Grading, Labour Law, Labour Law for Employers
Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work. This is understandable in circumstances where the employee has seriously messed up a business deal, damaged equipment, lost crucial information, committed a...
