by Ivan Israelstam | Jul 23, 2018 | Employees, Labour Law, Labour Relations Act
Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of reasons including: Abuse of alcohol or other substance Incompetence – that is, while the employee...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Retrenchments
Africa Business Radio Podcast When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the...
by Ivan Israelstam | Jul 18, 2018 | Labour Law, Labour Law Debate with Ivan Israelstam, Labour Relations Act
The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem relates to poor work performance, misconduct, job redundancy or incapacity due to...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals
Africa Business Radio Podcast Many employers failed to double check that the qualifications submitted by job candidates are genuine. The common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the...
by Ivan Israelstam | Jun 22, 2018 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals
702 PODCAST Listen to Ivan Israelstam explain the application of “unfair” in matters of dismissal or suspension. Of all the confusing legal terms used in labour law the one that keeps most judges, arbitrators, employers and legal practitioners awake at night is the...
by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...