by Ivan Israelstam | Nov 8, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience, this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects management that is either...
by Ivan Israelstam | Oct 17, 2019 | Contracts, Labour Law for Employers, Retrenchments, Unfair Dismissals
It is very easy to employ a worker on the basis of a fixed-term contract. However, it is when you want to end the employment relationship that the pain begins. The employer’s need to terminate the contract could have a number of different reasons. For example, during...
by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments into a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally...
by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Relations Act, Retrenchments, Unfair Dismissals
Many employers, when considering dismissal, do not mind taking into account the fact that the guilty employee has long service. However, having weighed this against the seriousness of the offence and aggravating factors, the employer should be allowed, within reason,...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Mar 26, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and...
