by Ivan Israelstam | Mar 8, 2019 | CCMA, Labour Relations Act, Retrenchments, Unfair Dismissals
The number of retrenchments occurring in South Africa is alarmingly high. The law, therefore, requires that: The employer follows a fair procedure aimed at an attempt to find alternatives to retrenchment. This involves good faith consultations with the employees...
by Ivan Israelstam | Jan 31, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act (LRA), which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes, the...
by Ivan Israelstam | Nov 6, 2018 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Employers demote employees fairly frequently. This could be for any number of legitimate, and illegitimate, reasons including: The boss dislikes the employee The employee has broken a rule The employee’s work performance is unsatisfactory The boss wants to create a...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act
It is a common and 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 | Oct 23, 2018 | Employees, Labour Law for Employers, Labour Relations Act
Absenteeism is the most problematic form of misconduct because it reduces productivity. Most employers, therefore, require employees who are absent from work due to alleged illness or injury to provide proof, in the form of a medical certificate, that they were...
by Ivan Israelstam | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
