by Ivan Israelstam | Mar 21, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers frequently fire employees for legally unacceptable reasons including the following: A junior employee has had disagreements with a favoured senior executive. The manager dislikes the employee for personal reasons. The employee is unwilling to have sex with...
by Ivan Israelstam | Mar 17, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several fora including: The Commission for Conciliation, Mediation and Arbitration (CCMA) The Centres for Dispute Resolution attached to the...
by Ivan Israelstam | Jun 11, 2018 | CCMA, Labour Law
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but often brought little or no support for...
by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...
by Ivan Israelstam | May 5, 2018 | CCMA, Employees, Labour Law, Labour Relations Act
The role of private arbitration in labour law is in the spotlight as we enter ‘strike season’.The huge losses resulting from the frequent, drawn out and violent brand of strikes in South Africa raise the question of how such conflict can be prevented. The...
