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DON’T VICTIMISE WHISTLE BLOWERS

DON’T VICTIMISE WHISTLE BLOWERS

by Ivan Israelstam | Oct 17, 2019 | CCMA, Disciplinary Hearing, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
TERMINATING FIXED-TERM CONTRACTS A HEADACHE

TERMINATING FIXED-TERM CONTRACTS A HEADACHE

by Ivan Israelstam | Oct 17, 2019 | Contracts, Labour Law for Employers, Retrenchments, Unfair Dismissals

It is very easy to employ a worker on the basis of a fixed-term contract. However, it is when you want to end the employment relationship that the pain begins. The employer’s need to terminate the contract could have a number of different reasons. For example, during...
Employers Must Prove Dereliction of Duty Charges

Employers Must Prove Dereliction of Duty Charges

by Ivan Israelstam | Sep 9, 2019 | CCMA, Labour Law for Employers, Labour Relations Act

Many employers like using ‘dereliction of duty’ as a disciplinary charge when they want to inflict strong punishment on employees because: the phrase ‘dereliction of duty’ has a serious and damaging ring to it; and the penalty for a first offence of gross dereliction...
Absence Does Not Make the Heart Grow Fonder

Absence Does Not Make the Heart Grow Fonder

by Ivan Israelstam | Aug 26, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals

‘One day as I was upon a stair I met a man who wasn’t there He wasn’t there again today I wish that man would go away’ Anonymous Employers rely heavily on the presence at work of their employees in order to get the work done. It is therefore a major source of...
EMPLOYEES BEWARE – DON’T FALSELY ACCUSE EMPLOYERS

EMPLOYEES BEWARE – DON’T FALSELY ACCUSE EMPLOYERS

by Ivan Israelstam | Jul 25, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act

Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately 180 000 cases per year and do not have time to waste on dealing with false...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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