by Ivan Israelstam | Oct 5, 2015 | CCMA, Corporate, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers, Training
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
by Ivan Israelstam | Sep 14, 2015 | Job Grading
The new section 6(4) of the Equity Act (EEA) effective from 1 August 2014 classifies as unfair discrimination differing terms and conditions of employment where: this difference is based on the grounds for unfair discrimination listed in the EEA and the employees...
by Ivan Israelstam | Sep 14, 2015 | Uncategorised
The CCMA has updated its guidelines on misconduct dismissal arbitrations in terms of the provisions of the Labour Relations Act (LRA). Despite the fact that these guidelines have been in existence since January 2012 many employers are still not familiar with them. The...
by Ivan Israelstam | Aug 31, 2015 | Uncategorised
The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally place...
by Ivan Israelstam | Aug 24, 2015 | Uncategorised
Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply...