by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments into a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally...
by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Brokers, Labour Law for Employers, Labour Relations Act
Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply...
by Ivan Israelstam | Jul 25, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately 180 000 cases per year and do not have time to waste on dealing with false...
by Ivan Israelstam | Jun 28, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act
Can the employer discipline an employee twice for the same incident of misconduct? Under exceptional circumstances, a second disciplinary process might be justified if the employer is able to present evidence that: is new and has therefore not been presented at the...
by Ivan Israelstam | Jun 7, 2019 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
It is inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the employer and to devote his/her efforts to the interests of the employer. The employee should, therefore, carry...
by Ivan Israelstam | May 9, 2019 | Employees, Labour Law for Employers, Labour Relations Act
The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee skills should be seen as an expense or as an investment. Most frequently employers consider the money...
