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DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

by Ivan Israelstam | Mar 13, 2020 | CCMA, Employees, Labour Law, Labour Law for Employers

It is legally very dangerous for employers to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law. ...
PREGNANT MOTHERS HEAVILY PROTECTED

PREGNANT MOTHERS HEAVILY PROTECTED

by Ivan Israelstam | Feb 19, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

There are 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 Practice On The Protection Of Employees During Pregnancy And After The Birth Of A...
CONTRACTORS MUST TAKE OVER STAFF IN OUTSOURCING DEAL

CONTRACTORS MUST TAKE OVER STAFF IN OUTSOURCING DEAL

by Ivan Israelstam | Jan 22, 2020 | Labour Law, Labour Relations Act, Outsourcing

The takeover of an entity or part thereof by a new owner or new management often causes loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to...
WHAT POWERS DO THE LABOUR COURTS HAVE?

WHAT POWERS DO THE LABOUR COURTS HAVE?

by Ivan Israelstam | Jan 22, 2020 | Labour Court, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Relations Act

The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court strong decision-making powers. Section 158 of the LRA gives the Labour Court the power to make, amongst others, orders:  Granting urgent relief and interdicts  Remedying wrongs and...
CASE LAW DECISIONS A WARNING TO EMPLOYERS

CASE LAW DECISIONS A WARNING TO EMPLOYERS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Labour Relations Act

A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance level is not acceptable and that any further failure to meet the required standards will result in stronger measures being taken. In...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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