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WHAT IS CON-ARB?

WHAT IS CON-ARB?

by Ivan Israelstam | Feb 12, 2021 | CCMA, CON-ARB, Employees, Labour Law, Labour Law for Employers, Labour Relations Act

Employers and employees need to look very carefully at notices to attend the CCMA in order to see what type of process has been set down. No party wants to arrive at CCMA thinking that they will only be facing only a mediation process and then find that the court case...
EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER

EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER

by Ivan Israelstam | Feb 1, 2021 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Tools

South African labour legislation gives employees very strong rights including the right to join trade unions, go on strike, have a fair disciplinary hearing, protection from unfair demotions, be promoted under certain circumstances, minimum wages in many cases, sick...
CAN YOU FORCE YOUR EMPLOYEES TO BE VACCINATED AGAINST COVID?

CAN YOU FORCE YOUR EMPLOYEES TO BE VACCINATED AGAINST COVID?

by Ivan Israelstam | Jan 31, 2021 | COVID-19, Employees, Labour Law, Labour Law for Employers, Vaccination

Twenty-twenty was a year of terror at workplaces because of the physical and financial dangers posed by Covid-19. Due to the fact that the roll out of the vaccine will be slow we can expect 2021 to be as terrifying as was 2020, if not even more so.  This is because...
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...
DISMISSAL NOT ALWAYS APPROPRIATE FOR FALSIFICATION OF CREDENTIALS

DISMISSAL NOT ALWAYS APPROPRIATE FOR FALSIFICATION OF CREDENTIALS

by Ivan Israelstam | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to:  Divulge...
BIAS OF PRESIDING OFFICERS MUST BE PROVEN

BIAS OF PRESIDING OFFICERS MUST BE PROVEN

by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions

South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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