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...
by Ivan Israelstam | Dec 6, 2016 | CCMA, Labour Law, Retrenchments
When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a desire to replace the employee with a family...
by Ivan Israelstam | Nov 22, 2016 | Employees, Labour Law, Labour Law for Employers
Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion can cripple the organisation especially if it lasts for several weeks and if the majority of employees take part....
by Ivan Israelstam | Oct 22, 2016 | CCMA, Employees, Labour Law
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law for Employers
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, one view is that a second disciplinary process might be justified if the employer is...
by Ivan Israelstam | Oct 22, 2016 | CCMA, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not...
by Ivan Israelstam | Oct 8, 2016 | CCMA, Corporate, Labour Law for Employers
It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the...
by Ivan Israelstam | Aug 30, 2016 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One...
by Ivan Israelstam | Aug 28, 2016 | Labour Law, Labour Law for Employers
Sex related acts not always sexual harassment In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment...
