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UNREASONABLE LAWS UNDERMINE MANAGEMENT PREROGATIVE

by Ivan Israelstam | Feb 9, 2017 | CCMA, Labour Law for Employers

The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...

DON’T MISS THE ARBITRATION HEARING!

by Ivan Israelstam | Oct 8, 2016 | CCMA, Corporate, Labour Law for Employers

It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the...

ALLOW EMPLOYEES TO ATTEND THEIR DISCIPLINARY HEARINGS

by Ivan Israelstam | Jun 15, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...

EMPLOYERS HAVE CLOSE SHAVE WITH RELIGIOUS DISCRIMINATION

by Ivan Israelstam | May 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Unfair Dismissals

Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment...

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