by Ivan Israelstam | Jun 23, 2015 | Uncategorised
Dismissing employees who have been arrested can be dangerous. It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking...
by Ivan Israelstam | Jun 15, 2015 | Employees
The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee skills should be seen as an expense or as an investment. Most frequently employers consider the money...
by Ivan Israelstam | Jun 2, 2015 | CCMA, Employees, Unfair Dismissals
Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is conterntious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought...
by Ivan Israelstam | May 26, 2015 | CCMA, Corporate, Employees, Labour Law
The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
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...
