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ILLEGAL WORKERS ARE PROTECTED

ILLEGAL WORKERS ARE PROTECTED

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...
SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

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...
DISMISSING ILL OR INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

DISMISSING ILL OR INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

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...
EMPLOYERS BEWARE: COVID-19 LOCKDOWN CAN CONTRIBUTE TO UNPLEASANT CCMA SURPRISES

EMPLOYERS BEWARE: COVID-19 LOCKDOWN CAN CONTRIBUTE TO UNPLEASANT CCMA SURPRISES

by Ivan Israelstam | Jun 18, 2020 | CCMA, COVID-19, Labour Court, Labour Law for Employers

A while ago I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never received a summons to appear at the CCMA. The award required the employer...
USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

by Ivan Israelstam | Jun 8, 2020 | CCMA, Labour Brokers, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
EASIER TO TAKE ERRANT ARBITRATORS TO TASK

EASIER TO TAKE ERRANT ARBITRATORS TO TASK

by Ivan Israelstam | Apr 20, 2020 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Tools

The CCMA’s policy guidelines for misconduct dismissal arbitrations increases the obligation on commissioners to conduct themselves properly when arbitrating such matters. These guidelines backed up by the law, pave the way for employers and employees to take the...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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