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STRIKES CAN BE RENDERED UNNECESSARY

STRIKES CAN BE RENDERED UNNECESSARY

by Ivan Israelstam | Nov 29, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Strikes

Strikes in South Africa are as ‘normal’ as warm weather. However, more recently strikes have occurred less frequently, probably due to the reluctance of unions to weaken the employer and to spark resulting retrenchments. In the light of this partial mindset change the...
PRESIDING OFFICERS MUST BE IMPARTIAL

PRESIDING OFFICERS MUST BE IMPARTIAL

by Ivan Israelstam | Nov 22, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, PRESIDING OFFICERS, UNFAIR LABOUR PRACTICE

A fundamental right of employees accused of misconduct or poor performance at disciplinary hearings is for the hearing to be chaired by an impartial presiding officer. This requirement holds true regardless of whether the chairperson is employed by the organisation...
UNIQUE CIRCUMSTANCES CAN MAKE DISMISSALS UNFAIR

UNIQUE CIRCUMSTANCES CAN MAKE DISMISSALS UNFAIR

by Ivan Israelstam | Nov 15, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, UNFAIR LABOUR PRACTICE

Even where an employee has taken the life of a colleague, his dismissal is likely to be unfair if the presiding officer has not properly taken significant mitigating circumstances into account. The LRA’s Code of Good Practice: Dismissal (the Code) conditionally allows...
BUSINESS SURVIVAL REQUIRES A NEW WORKPLACE MINDSET

BUSINESS SURVIVAL REQUIRES A NEW WORKPLACE MINDSET

by Ivan Israelstam | Nov 8, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, WORKPLACE CONFLICT

Covid19 has weakened the world economy and increased the insecurity of workers and businesses everywhere. In South Africa, the fate of businesses and their employees is all the more uncertain, due to our historically low productivity levels, state capture, government...
LABOUR LAWS MAKE BUSINESS SURVIVAL TOUGHER

LABOUR LAWS MAKE BUSINESS SURVIVAL TOUGHER

by Ivan Israelstam | Oct 25, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

The Department of ‘Employment’ and Labour is expected to bring into effect new legislation with far reaching significance for employers. This major amendment is expected to increase the already powerful stranglehold that legislation has on productive business...
SOCIAL ‘PARTNERS’ HAVE NO PARTNERSHIP

SOCIAL ‘PARTNERS’ HAVE NO PARTNERSHIP

by Ivan Israelstam | Oct 17, 2019 | Corporate, Government, Labour Unions South Africa

South Africa has a high-level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body, called NEDLAC (the National Economic Development and Labour...

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