by Ivan Israelstam | Feb 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to...
by Ivan Israelstam | Jan 11, 2016 | Employees, Labour Law, Labour Law for Employers, Retrenchments
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that, should the employee cease to be a shareholder or a director, his/her contract of...
by Ivan Israelstam | Dec 7, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given...
by Ivan Israelstam | Nov 2, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments, Tools
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
by Ivan Israelstam | Oct 19, 2015 | CCMA, Labour Law, Labour Law for Employers, Retrenchments, Training
Early last year I informed readers of the CCMA’s decision to draft a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines were implemented in January 2012. The stated purpose of these guidelines is...
by Ivan Israelstam | Oct 12, 2015 | CCMA, Employees, Labour Law, Labour Law for Employers, Retrenchments, Unfair Dismissals
‘NEDLAC’ stands for the National Economic Development and Labour Council. This is 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...
