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...
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...
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...
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...
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...
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...
