by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes
The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
by Ivan Israelstam | Oct 17, 2019 | Corporate, Government, Labour Unions South Africa
South Africa has a high-level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body, called NEDLAC (the National Economic Development and Labour...
by Ivan Israelstam | Oct 14, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. By 1995 South Africa’s new constitution...
by Ivan Israelstam | Sep 11, 2019 | CCMA, Contracts, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they...
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 | 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...
