by Ivan Israelstam | Jul 20, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Shop Steward
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
by Ivan Israelstam | Jul 13, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, REINSTATED EMPLOYEES
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort. A reinstatement order, forcing the employer to take the employee back (often with...
by Ivan Israelstam | Jul 6, 2021 | CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
by Ivan Israelstam | Jun 28, 2021 | CCMA, Contracts, Corporate, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
by Ivan Israelstam | Jun 21, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This confuses our understanding of what an employer is and what an employee...
by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
