by Ivan Israelstam | May 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment...
by Ivan Israelstam | May 9, 2016 | CCMA, Labour Law, Labour Law for Employers
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). As a result trade union and employee rights have been...
by Ivan Israelstam | Apr 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines...
by Ivan Israelstam | Apr 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been directly involved in a great many cases where employees have been fired and, after appealing to the CCMA, have remained fired. It is not the firing of employees that the law...
by Ivan Israelstam | Apr 4, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
An integral element of an employment relationship is the need for and the right of the employer and employee to trust each other. This is a two-way street and either party could forgo his/her right to continue the employment by destroying the trust relationship. Thus,...
by Ivan Israelstam | Mar 28, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Training
Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good...
