by Ivan Israelstam | Apr 20, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, 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, 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 airline...
by Ivan Israelstam | Feb 16, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, TRANSFER OF BUSINESS SERVICES
Over the past decade, millions of employees have been retrenched. One would have thought that, by now, companies would be so lean that further retrenchments would not be feasible. Despite this, large numbers of retrenchments are still occurring; and employers need to...
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In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions.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...
