by Ivan Israelstam | May 5, 2018 | CCMA, Employees, Labour Law, Labour Relations Act
The role of private arbitration in labour law is in the spotlight as we enter ‘strike season’.The huge losses resulting from the frequent, drawn out and violent brand of strikes in South Africa raise the question of how such conflict can be prevented. The...
by Ivan Israelstam | Apr 27, 2018 | Corporate, Labour Law
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same business under a different name and/or in a different place, the...
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:...
by Ivan Israelstam | Feb 8, 2018 | CCMA, Labour Law, Unfair Dismissals
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstam | Nov 20, 2017 | CCMA, Labour Law, Labour Relations Act
During 2014 and 2015 the Department of Labour introduced a spate of new legislation with far reaching significance for employers. These major amendments have increased the already powerful stranglehold that legislation had on productive business management and...
by Ivan Israelstam | Jun 6, 2017 | CCMA, Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was...
