by Ivan Israelstam | Mar 19, 2019 | CCMA, Employees, Labour Law, Unfair Dismissals
Africa Business Radio Podcast Have you dismissed an employee for poor performance, only to have to defend your action at the CCMA? Many employers lose such cases at the CCMA, even when they have substantive evidence for the dismissal. Listen to Ivan Israelstam unpack...
by Ivan Israelstam | Mar 8, 2019 | CCMA, Labour Relations Act, Retrenchments, Unfair Dismissals
The number of retrenchments occurring in South Africa is alarmingly high. The law, therefore, requires that: The employer follows a fair procedure aimed at an attempt to find alternatives to retrenchment. This involves good faith consultations with the employees...
by Ivan Israelstam | Jan 31, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act (LRA), which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes, the...
by Ivan Israelstam | Nov 6, 2018 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Employers demote employees fairly frequently. This could be for any number of legitimate, and illegitimate, reasons including: The boss dislikes the employee The employee has broken a rule The employee’s work performance is unsatisfactory The boss wants to create a...
by Ivan Israelstam | Nov 6, 2018 | Labour Law
Employers frequently misuse probation agreements to get rid of employees instantly because: The employee has committed misconduct The employer wants to make space for a friend or cousin of the owner The employee ‘does not fit in’ A manager ‘does not like the...
