by Ivan Israelstam | Feb 19, 2021 | CCMA, COVID-19, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Remote Working
The most frequent question I am asked is, “How do we productively manage employees working from home?” This question is not only important during the lockdown. It will also be crucial post lockdown because the working from home trend will, in many cases, continue...
by Ivan Israelstam | Feb 12, 2021 | CCMA, CON-ARB, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Employers and employees need to look very carefully at notices to attend the CCMA in order to see what type of process has been set down. No party wants to arrive at CCMA thinking that they will only be facing only a mediation process and then find that the court case...
by Ivan Israelstam | Jan 18, 2021 | CCMA, Labour Court, Labour Law, Labour Relations Act
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...
by Ivan Israelstam | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act
Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another...
by Ivan Israelstam | Dec 17, 2020 | CCMA, Employees, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Sexual Harassment, SEXUAL RELATIONSHIPS, WORKPLACE CONFLICT
The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that the sexual harassment is going on. The courts have upheld this provision. For example, in...
by Ivan Israelstam | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: Divulge...
