by Ivan Israelstam | Jun 13, 2019 | #UnfairTreatment, CCMA, Employees, Labour Law, Labour Relations Act, Unfair Dismissals |
The lodging of complaints by staff cannot be used as grounds for alleging incompatibility or dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted...
by Ivan Israelstam | Jun 7, 2019 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa |
It is inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the employer and to devote his/her efforts to the interests of the employer. The employee should, therefore, carry...
by Ivan Israelstam | May 23, 2019 | #UnfairTreatment, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may include: The employer fears having a criminal at the workplace...
by Ivan Israelstam | May 9, 2019 | Employees, Labour Law for Employers, Labour Relations Act
The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee skills should be seen as an expense or as an investment. Most frequently employers consider the money...
by Ivan Israelstam | May 2, 2019 | Labour Law, Labour Relations Act
Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is contentious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought...
by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
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...
