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EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER

EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER

by Ivan Israelstam | Feb 1, 2021 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Tools

South African labour legislation gives employees very strong rights including the right to join trade unions, go on strike, have a fair disciplinary hearing, protection from unfair demotions, be promoted under certain circumstances, minimum wages in many cases, sick...
DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals

The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

by Ivan Israelstam | Sep 18, 2020 | Alcohol consumption, Labour Law for Employers, Labour Relations Act, Tools, Unfair Dismissals

In the case of NUMSA obo Davids vs Bosal Africa (Pty) Ltd (1999 10 BALR 1240) the employee was dismissed for being under the influence of alcohol at work. The facts proved that there were no actual consequences of the employee working while under the influence of...
TEN MILLION REASONS TO GET POPI COMPLIANT NOW

TEN MILLION REASONS TO GET POPI COMPLIANT NOW

by Ivan Israelstam | Aug 14, 2020 | Labour Law, POPI ACT, POPI Compliant, Tools

South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result, the Protection of Personal Information Act of 2013 (POPI) was drawn up but did not come into effect for seven years...
CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

by Ivan Israelstam | May 11, 2020 | COVID-19, Employees, Labour Law for Employers, Labour Relations Act, Tools

Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions.   However, as large as this body of legislation is it often falls short when it comes to detail. For example, the LRA requires employers to...
COVID-19 AND THE LAW OF RETRENCHMENTS

COVID-19 AND THE LAW OF RETRENCHMENTS

by Ivan Israelstam | Apr 27, 2020 | Labour Law, Labour Law for Employers, Retrenchments, Tools

It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, most businesses realise that if they implement wholesale retrenchments, they will not only lose valuable skills but will also reduce the buying...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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