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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...
AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

AUTOMATIC TERMINATION CLAUSES ARE DANGEROUS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Labour Law, Labour Law for Employers, Labour Relations Act

It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following: The employer and employee might agree that should the employee cease to be a shareholder or a director, his/her contract of...
CCMA MISCONDUCT CODE A GUIDING LIGHT FOR EMPLOYERS

CCMA MISCONDUCT CODE A GUIDING LIGHT FOR EMPLOYERS

by Ivan Israelstam | Oct 17, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Tools

The CCMA has issued a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines are directed at arbitrators presiding over hearings where unfair dismissals due to misconduct are being claimed. The...
RED TAPE BEDEVILS URGENT RETRENCHMENTS

RED TAPE BEDEVILS URGENT RETRENCHMENTS

by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals

The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments into a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally...
LABOUR BROKERS NEED SOUND LEGAL ADVICE

LABOUR BROKERS NEED SOUND LEGAL ADVICE

by Ivan Israelstam | Aug 6, 2019 | CCMA, Labour Brokers, Labour Law for Employers, Labour Relations Act

Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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