by Ivan Israelstam | Jan 16, 2015 | Unfair Dismissals
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee should be allowed …… the assistance of a trade union...
by Ivan Israelstam | Dec 8, 2014 | CCMA
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...
by Ivan Israelstam | Dec 3, 2014 | CCMA, Labour Law, Retrenchments
While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot afford to pay their salaries. It can also happen that those executives...
by Ivan Israelstam | Nov 24, 2014 | CCMA, Retrenchments, Unfair Dismissals
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused...
by Ivan Israelstam | Nov 18, 2014 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
It is a common erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act...
