by Ivan Israelstam | Sep 28, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstam | Sep 21, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
South Africa’s unemployment rate is at an all time high with 43% of working age people being unemployed. This is the harsh reality, despite government’s so called ‘growth’ plans. While retrenchments have risen to alarming levels over the past four years, mutually...
by Ivan Israelstam | Sep 14, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
The Labour Relations Act (LRA) in conjunction with the Arbitration Act gives the CCMA, bargaining councils, Labour Court, Labour Appeal Court and private arbitrators the power to take very strong action against employers who commit unfair labour practices or unfair...
by Ivan Israelstam | Sep 9, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
by Ivan Israelstam | Sep 1, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...
by Ivan Israelstam | Aug 24, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
The trade union movement in South Africa is very powerful. This is not only because of the relatively high number of unionised employees and because of the extremely strong legislation supporting unionisation, but also because of the political alliance between the...
