by Ivan Israelstam | Jul 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The cold wind of strike season is with us again and is causing more chills than the winter weather. The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case...
by Ivan Israelstam | Jul 18, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
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. Web address: www.labourlawadvice.co.za. This article first appeared in The Star. A while...
by Ivan Israelstam | Jul 5, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Making dismissal stick requires legal know how We too often hear the shout from business owners and managers: “Get rid of him now; we’ll worry about the law later!” Little do they realise that ‘the costs’ they are shouting about could be immense. This is especially so...
by Ivan Israelstam | Jun 29, 2016 | CCMA, Corporate, Labour Law
Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on...
by Ivan Israelstam | Jun 24, 2016 | Labour Law, Labour Law for Employers
Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
by Ivan Israelstam | Jun 15, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
by Ivan Israelstam | Jun 1, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a...
by Ivan Israelstam | May 30, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at...
by Ivan Israelstam | May 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment...
by Ivan Israelstam | May 9, 2016 | CCMA, Labour Law, Labour Law for Employers
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). As a result trade union and employee rights have been...
