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...
by Ivan Israelstam | Jul 24, 2020 | CCMA, Illegal Workers, Labour Court, Labour Law, Labour Relations Act, Unfair Dismissals
Lack of awareness of Constitutional and labour law protections of employees from foreign countries has prompted many employers to mistreat illegally employed staff. That is, employers have paid illegal immigrants low wages, deprived them of employee benefits and have...
by Ivan Israelstam | Jul 13, 2020 | CCMA, Labour Court, Labour Relations Act, Sexual Harassment, Unfair Dismissals
In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA...
by Ivan Israelstam | Jul 2, 2020 | CCMA, Labour Court, Labour Law for Employers, Labour Relations Act, Unfair Dismissals
In addition to Corona it is cold and flu season resulting in work falling behind just when businesses are trying to recover from the lockdown. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of...