by Ivan Israelstam | May 4, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment act has the effect that: members of minority trade unions are able to...
by Ivan Israelstam | Apr 25, 2016 | Employees, Labour Law, Labour Law for Employers, Training
Certain employers could be prosecuted for employing sex offenders. The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex...
by Ivan Israelstam | Apr 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines...
by Ivan Israelstam | Apr 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been directly involved in a great many cases where employees have been fired and, after appealing to the CCMA, have remained fired. It is not the firing of employees that the law...
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...
