by Ivan Israelstam | Aug 7, 2017 | Uncategorised
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Contact him on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. When it has been found that an employee has been unfairly dismissed the Labour Relations Act...
by Ivan Israelstam | Jul 31, 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. Labour legislation requires of employers to ensure...
by Ivan Israelstam | Jul 17, 2017 | Corporate, Employees
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. The Labour Relations Act (LRA), in its definition section says that an employee is someone...
by Ivan Israelstam | Jun 6, 2017 | CCMA, Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was...
by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law for Employers, Retrenchments, Unfair Dismissals
The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly...
by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law, Labour Law for Employers, Retrenchments
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and...
by Ivan Israelstam | Apr 10, 2017 | CCMA, Employees, Labour Law
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing...
by Ivan Israelstam | Mar 21, 2017 | CCMA, Employees, Labour Law
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will...
by Ivan Israelstam | Feb 9, 2017 | CCMA, Labour Law for Employers
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...
by Ivan Israelstam | Jan 23, 2017 | CCMA, Employees, Labour Law, Labour Law for Employers
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large number of labour law statutes and codes, and employers do not always...
