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ILLEGAL WORKERS ARE PROTECTED

ILLEGAL WORKERS ARE PROTECTED

by Ivan Israelstam | Jul 24, 2020 | CCMA, Illegal Workers, Labour Court, Labour Law, Labour Relations Act, Unfair Dismissals

Lack of awareness of Constitutional and labour law protections of employees from foreign countries has prompted many employers to mistreat illegally employed staff. That is, employers have paid illegal immigrants low wages, deprived them of employee benefits and have...
SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

SEX RELATED ACTS NOT ALWAYS SEXUAL HARASSMENT

by Ivan Israelstam | Jul 13, 2020 | CCMA, Labour Court, Labour Relations Act, Sexual Harassment, Unfair Dismissals

In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA...
DISMISSING ILL OR INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

DISMISSING ILL OR INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

by Ivan Israelstam | Jul 2, 2020 | CCMA, Labour Court, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

In addition to Corona it is cold and flu season resulting in work falling behind just when businesses are trying to recover from the lockdown. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of...
USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

by Ivan Israelstam | Jun 8, 2020 | CCMA, Labour Brokers, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
CORONA COMPLICATES DISCIPLINARY HEARINGS

CORONA COMPLICATES DISCIPLINARY HEARINGS

by Ivan Israelstam | May 22, 2020 | COVID-19, Disciplinary Hearing, Labour Court, Labour Law, Labour Relations Act

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

by Ivan Israelstam | May 11, 2020 | COVID-19, Employees, Labour Law for Employers, Labour Relations Act, Tools

Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions.   However, as large as this body of legislation is it often falls short when it comes to detail. For example, the LRA requires employers to...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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