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...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Mar 26, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and...
