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STRIKES ARE A SYMPTOM OF DISCORD

STRIKES ARE A SYMPTOM OF DISCORD

by Ivan Israelstam | Aug 28, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

BY Ivan Israelstam, 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. The Cape Town taxi strike created severe harm to...
BEWARE OF DEFAULT AWARDS

BEWARE OF DEFAULT AWARDS

by Ivan Israelstam | Aug 25, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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 If an employer fails to attend an arbitration hearing...
DISCIPLINARY SKILLS ARE ESSENTIAL

DISCIPLINARY SKILLS ARE ESSENTIAL

by Ivan Israelstam | Aug 15, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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   I frequently receive frantic requests from...
DON’T FABRICATE RACISM ALLEGATIONS

DON’T FABRICATE RACISM ALLEGATIONS

by Ivan Israelstam | Aug 7, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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. It is well known that South Africa’s Constitution,...
LABOUR BROKERS ARE NOT A “CURE ALL” FOR LEGAL RESTRICTIONS

LABOUR BROKERS ARE NOT A “CURE ALL” FOR LEGAL RESTRICTIONS

by Ivan Israelstam | Aug 2, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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. It is common for employers to try to avoid employing...
IGNORE THE “AUDI ALTERAM PARTEM RULE” AT YOUR OWN PERIL!

IGNORE THE “AUDI ALTERAM PARTEM RULE” AT YOUR OWN PERIL!

by Ivan Israelstam | Jul 25, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

By Ivan Israelstam, 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. Go to: www.labourlawadvice.co.za   Schedule 8 of the Labour Relations Act (LRA) states,...
BEWARE MISTREATING UNDOCUMENTED FOREIGNERS

BEWARE MISTREATING UNDOCUMENTED FOREIGNERS

by Ivan Israelstam | Jul 18, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

By Ivan Israelstam, 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. Go to: www.labourlawadvice.co.za   The ability to get away with breaking the law has...
FAILURE TO PROMOTE EMPLOYEES CAN BE UNFAIR

FAILURE TO PROMOTE EMPLOYEES CAN BE UNFAIR

by Ivan Israelstam | Jul 10, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

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 The Labour Relations Act (LRA) provides for employees...
SEXUAL RELATIONSHIPS AT THE WORKPLACE CAUSE CONFLICT

SEXUAL RELATIONSHIPS AT THE WORKPLACE CAUSE CONFLICT

by Ivan Israelstam | Jul 4, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that the sexual harassment is going on. The courts have upheld this provision. For example, in...
THE ARBITRATOR’S DECISION IS NOT ALWAYS FINAL!

THE ARBITRATOR’S DECISION IS NOT ALWAYS FINAL!

by Ivan Israelstam | Jun 26, 2023 | ARBITRATION, CONSTRUCTIVE DISMISSAL, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing

The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines, backed up by the law pave the way for employers and...
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