by Ivan Israelstam | May 18, 2015 | Employees, Labour Law
The new section 6(4) of the Equity Act (EEA) effective from 1 August 2014 classifies as unfair discrimination differing terms and conditions of employment where: this difference is based on the grounds for unfair discrimination listed in the EEA and the employees...
by Ivan Israelstam | May 11, 2015 | Employees, Labour Law, Labour Law for Employers
Labour law, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected. Labour law very reluctantly allows employers to terminate the employment of workers but...
by Ivan Israelstam | May 7, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...
by Ivan Israelstam | Apr 28, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers
I often receive calls from angry employers who, having been certain of success at arbitration, have received notice that they have lost the case. The reasons that this might happen include amongst others: The case of the employer concerned was weak without him/her...
by Ivan Israelstam | Jan 21, 2015 | Labour Law
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. In South Africa, where there is heavy competition for jobs it is not unusual for job...
by Ivan Israelstam | Dec 3, 2014 | CCMA, Labour Law, 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 because the employer cannot afford to pay their salaries. It can also happen that those executives...