by Ivan Israelstam | Sep 4, 2020 | CCMA, Discipline Costs, Labour Court, Labour Law Debate with Ivan Israelstam, Labour Relations Act
Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As the arbitrator has little or no way of testing the truth of the...
by Ivan Israelstam | Aug 28, 2020 | CCMA, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee. The Code of Good Practice: Dismissal (The Code)...
by Ivan Israelstam | Aug 25, 2020 | CCMA, COVID-19, Labour Court, Labour Relations Act, Retrenchments
Retrenchments are a big part of the new normal, but this does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before...
by Ivan Israelstam | Aug 14, 2020 | Labour Law, POPI ACT, POPI Compliant, Tools
South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result, the Protection of Personal Information Act of 2013 (POPI) was drawn up but did not come into effect for seven years...
by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes
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 of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
