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CONTRACT TRANSFERS ARE SECTION 197 TAKEOVERS

CONTRACT TRANSFERS ARE SECTION 197 TAKEOVERS

by Ivan Israelstam | Jun 28, 2021 | CCMA, Contracts, Corporate, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
TRANSFER FROM ONE CONTRACTOR TO ANOTHER

TRANSFER FROM ONE CONTRACTOR TO ANOTHER

by Ivan Israelstam | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act

Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going  Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another...
STRIKES CAN MEAN DISASTER FOR EMPLOYERS

STRIKES CAN MEAN DISASTER FOR EMPLOYERS

by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes

The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
TERMINATING FIXED-TERM CONTRACTS A HEADACHE

TERMINATING FIXED-TERM CONTRACTS A HEADACHE

by Ivan Israelstam | Oct 17, 2019 | Contracts, Labour Law for Employers, Retrenchments, Unfair Dismissals

It is very easy to employ a worker on the basis of a fixed-term contract. However, it is when you want to end the employment relationship that the pain begins. The employer’s need to terminate the contract could have a number of different reasons. For example, during...
EVERY EMPLOYER NEEDS LABOUR LAW EXPERTISE

EVERY EMPLOYER NEEDS LABOUR LAW EXPERTISE

by Ivan Israelstam | Sep 11, 2019 | CCMA, Contracts, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa

South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they...
FIXED-TERM CONTRACTS NOT FOR PERMANENT POSITIONS

FIXED-TERM CONTRACTS NOT FOR PERMANENT POSITIONS

by Ivan Israelstam | Jun 21, 2019 | CCMA, Contracts, Employees, Job Grading, Labour Relations Act

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...

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