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STAFF UNHAPPINESS IS NOT INCOMPATIBILITY

STAFF UNHAPPINESS IS NOT INCOMPATIBILITY

by Ivan Israelstam | Jun 13, 2019 | #UnfairTreatment, CCMA, Employees, Labour Law, Labour Relations Act, Unfair Dismissals

The lodging of complaints by staff cannot be used as grounds for alleging incompatibility or dismissing employees. In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted...
JAILED EMPLOYEES STILL HAVE RIGHTS

JAILED EMPLOYEES STILL HAVE RIGHTS

by Ivan Israelstam | May 23, 2019 | #UnfairTreatment, Employees, Labour Law, Labour Relations Act, Unfair Dismissals

It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may include: The employer fears having a criminal at the workplace...
MISTREATMENT OF EMPLOYERS IS FAIR

MISTREATMENT OF EMPLOYERS IS FAIR

by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa

South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...

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