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ENSURE THAT YOUR EVIDENCE IS APPLICABLE TO THE CASE

ENSURE THAT YOUR EVIDENCE IS APPLICABLE TO THE CASE

by Ivan Israelstam | May 19, 2021 | CCMA, Evidence, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals

Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct, his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee...
EMPLOYEES CAN CAUSE FRUSTRATION FOR EMPLOYERS

EMPLOYEES CAN CAUSE FRUSTRATION FOR EMPLOYERS

by Ivan Israelstam | May 11, 2021 | CCMA, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals

While labour law allows employers to discipline employees who pretend to be ill, the laws also protect genuinely ill, injured, and disabled employees. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid...
TRANSFER FROM ONE CONTRACTOR TO ANOTHER

TRANSFER FROM ONE CONTRACTOR TO ANOTHER

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...
DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

DON’T CANCEL EMPLOYMENT CONTRACTS UNILATERALLY

by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals

The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

CORONA FORCES UPDATES OF WORKPLACE RULES AND EMPLOYMENT CONDITIONS

by Ivan Israelstam | May 11, 2020 | COVID-19, Employees, Labour Law for Employers, Labour Relations Act, Tools

Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions.   However, as large as this body of legislation is it often falls short when it comes to detail. For example, the LRA requires employers to...
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