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Second Generation Outsourcing: Can You Retrench?

Second Generation Outsourcing: Can You Retrench?

by Ivan Israelstam | Jan 31, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments

It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act (LRA), which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes, the...
Unfair Demotion Will Be Punished By Ccma

Unfair Demotion Will Be Punished By Ccma

by Ivan Israelstam | Nov 6, 2018 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act

Employers demote employees fairly frequently. This could be for any number of legitimate, and illegitimate, reasons including: The boss dislikes the employee The employee has broken a rule The employee’s work performance is unsatisfactory The boss wants to create a...
James Bond Employers Fall Foul Of Probationary Law

James Bond Employers Fall Foul Of Probationary Law

by Ivan Israelstam | Nov 6, 2018 | Labour Law

Employers frequently misuse probation agreements to get rid of employees instantly because: The employee has committed misconduct The employer wants to make space for a friend or cousin of the owner The employee ‘does not fit in’ A manager ‘does not like the...
Informal Employment Does Not Protect Employers

Informal Employment Does Not Protect Employers

by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act

It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but, the Basic Conditions of Employment Act...
Ulterior Motives For Retrenchments Not On

Ulterior Motives For Retrenchments Not On

by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Retrenchments

While all retrenchments are painful and often devastating for employees, it is normal for employers to retrench employees after serious losses have been incurred as the employer can no longer afford to pay their salaries. It can also happen that those executives...
A Hundred Thousand Reasons To Accept Sex Changes

A Hundred Thousand Reasons To Accept Sex Changes

by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers

Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds, including gender and sex. In my view, gender discrimination occurs, for example, where the employer...
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