by Ivan Israelstam | Jun 7, 2021 | BRIBERY AND CORRUPTION, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
by Ivan Israelstam | Jun 1, 2021 | Corporate, EMPLOYEE VICTIMISATION, Employees, Labour Court, Labour Law, Labour Law for Employers
It is disquieting how often Court judges and arbitrators disagree with each other about the meaning of legal terms and how they should be applied. In view of these legal uncertainties, employers, employees, and trade unions struggle to understand and are unable to...
by Ivan Israelstam | May 25, 2021 | Corporate, EMPLOYEE EMAILS, Employees, Labour Court, Labour Law, Labour Law for Employers
The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...
by Ivan Israelstam | May 21, 2021 | Corporate, Employees, INVESTIGATING MISCONDUCT, Labour Law, Labour Law for Employers, Unfair Dismissals
Two common mistakes that employers make on receiving misconduct allegations against employees are: Firstly, they ignore the reports because acting on them is ‘too much trouble’, or because they fear infringing the myriad of legal rights that employees enjoy. This...
by Ivan Israelstam | May 19, 2021 | CCMA, Evidence, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct, his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee...
by Ivan Israelstam | May 11, 2021 | CCMA, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
While labour law allows employers to discipline employees who pretend to be ill, the laws also protect genuinely ill, injured, and disabled employees. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid...
