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...
by Ivan Israelstam | Nov 18, 2014 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
It is a common 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 | Nov 3, 2014 | CCMA, 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. BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He...