by Ivan Israelstam | Mar 17, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
There has been an alarming increase in the number of calls we have received from employers who have retrenched employees and are being taken to the CCMA, bargaining council or Labour Court. With the effect of the Covid lockdown, the uncertainty of the international...
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...
by Ivan Israelstam | Jan 18, 2021 | CCMA, Labour Court, Labour Law, Labour Relations Act
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...
by Ivan Israelstam | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act
Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another...
by Ivan Israelstam | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: Divulge...
