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Retrenchment And The Duty To Consult

by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Retrenchments

Africa Business Radio Podcast When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the...

Credentials Falsification Is Not Always Dismissible

by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals

Africa Business Radio Podcast Many employers failed to double check that the qualifications submitted by job candidates are genuine. The common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the...
Dept of Labour Enforces Legislation on Basic Conditions of Employment

Dept of Labour Enforces Legislation on Basic Conditions of Employment

by Ivan Israelstam | Jun 11, 2018 | Employees, Labour Law, Labour Law for Employers

The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to: be remunerated for work done be given vacation leave, sick leave,...
Arbitration Fees Add Insult To Injury

Arbitration Fees Add Insult To Injury

by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act

It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...
Double Jeopardy a Danger for Employers

Double Jeopardy a Danger for Employers

by Ivan Israelstam | Mar 2, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised

Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, a second disciplinary process might be justified if the employer is able to present:...

THERE ARE ALTERNATIVES TO RETRENCHMENT

by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law for Employers, Retrenchments, Unfair Dismissals

The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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