by Ivan Israelstam | May 4, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment act has the effect that: members of minority trade unions are able to...
by Ivan Israelstam | Mar 14, 2016 | CCMA, Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments
The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory)...
by Ivan Israelstam | Jan 25, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
The takeover of an entity or part thereof by a new owner or a new management often cause loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to...
by Ivan Israelstam | Nov 30, 2015 | CCMA, Corporate, Employees, Job Grading, Labour Law, Labour Law for Employers
Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work. This is understandable in circumstances where the employee has seriously messed up a business deal, damaged equipment, lost crucial information, committed a...
by Ivan Israelstam | Nov 2, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments, Tools
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
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...
