by Ivan Israelstam | Feb 21, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Promotion
It is often easier and less expensive to promote an employee into a vacant senior post than to go through the costly and time-consuming process of hiring a new incumbent from outside the organisation. Where the employer has made sure that the junior employee being...
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 | Feb 7, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, TRANSFER OF BUSINESS SERVICES
The law does not allow new employers that take over a business in terms of section 197 of the Labour Relations Act (LRA), to retrench or otherwise dismiss any employees for reasons related to such takeover. The LRA requires the new employer, in a takeover as a going...
by Ivan Israelstam | Jan 31, 2022 | CCMA, Corporate, COVID-19, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Vaccination
Normally, a refusal to obey a reasonable instruction merits discipline, which in some cases could merit dismissal. However, refusal to be vaccinated should not be treated as misconduct. Our constitution and its resulting labour legislation protect employees from...
by Ivan Israelstam | Jan 31, 2021 | COVID-19, Employees, Labour Law, Labour Law for Employers, Vaccination
Twenty-twenty was a year of terror at workplaces because of the physical and financial dangers posed by Covid-19. Due to the fact that the roll out of the vaccine will be slow we can expect 2021 to be as terrifying as was 2020, if not even more so. This is because...
