by Ivan Israelstam | Oct 12, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body...
by Ivan Israelstam | Oct 5, 2015 | CCMA, Corporate, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers, Training
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
by Ivan Israelstam | Aug 3, 2015 | CCMA, Labour Law, Labour Law for Employers, Retrenchments
Some time ago asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the case...
by Ivan Israelstam | May 26, 2015 | CCMA, Corporate, Employees, Labour Law
The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
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...
