by Ivan Israelstam | May 18, 2015 | Employees, Labour Law
The new section 6(4) of the Equity Act (EEA) effective from 1 August 2014 classifies as unfair discrimination differing terms and conditions of employment where: this difference is based on the grounds for unfair discrimination listed in the EEA and the employees...
by Ivan Israelstam | May 11, 2015 | Employees, Labour Law, Labour Law for Employers
Labour law, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected. Labour law very reluctantly allows employers to terminate the employment of workers but...
by Ivan Israelstam | May 7, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...
by Ivan Israelstam | May 6, 2015 | Labour Law Debate with Ivan Israelstam
Join the debate: Labour Law Debate with Ivan Isrealstam and his panel of labour law experts Send a Message to Ivan Isrealstam, CEO of Labour Law Management Consulting [dt_contact_form to_email=”ivan@labourlawadvice.co.za” success_msg=”Thank...
by Ivan Israelstam | Apr 28, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers
I often receive calls from angry employers who, having been certain of success at arbitration, have received notice that they have lost the case. The reasons that this might happen include amongst others: The case of the employer concerned was weak without him/her...
by Ivan Israelstam | Jan 21, 2015 | Labour Law
BY lvan lsraelstam, 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. In South Africa, where there is heavy competition for jobs it is not unusual for job...
by Ivan Israelstam | Jan 16, 2015 | Unfair Dismissals
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee should be allowed …… the assistance of a trade union...
by Ivan Israelstam | Dec 8, 2014 | CCMA
Employers frequently misuse probation agreements to get rid of employees instantly because: the employee has committed misconduct the employer wants to make space for a friend or cousin of the owner the employee ‘does not fit in’ a manager ‘does not like the...
by Ivan Israelstam | Dec 3, 2014 | CCMA, Labour Law, Retrenchments
While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot afford to pay their salaries. It can also happen that those executives...
by Ivan Israelstam | Nov 24, 2014 | CCMA, Retrenchments, Unfair Dismissals
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused...
