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UNFAIR DISCIPLINE CAN LEAD TO CONSTRUCTIVE DISMISSAL

UNFAIR DISCIPLINE CAN LEAD TO CONSTRUCTIVE DISMISSAL

by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
BRIBERY AND CORRUPTION: AN EMPLOYER’S NIGHTMARE

BRIBERY AND CORRUPTION: AN EMPLOYER’S NIGHTMARE

by Ivan Israelstam | Jun 7, 2021 | BRIBERY AND CORRUPTION, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
WHEN DOES THE SALE OF A BUSINESS TAKE EFFECT?

WHEN DOES THE SALE OF A BUSINESS TAKE EFFECT?

by Ivan Israelstam | Apr 20, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS, Sale of a Business

Due to our country’s economic recession closures of SA businesses are increasing. Perhaps the worst of the negative effects of such closures is the wholesale loss of the jobs involving the employees of the business. Sometimes the struggling company is taken over...
USE EMPLOYEE CONFESSIONS SENSIBLY

USE EMPLOYEE CONFESSIONS SENSIBLY

by Ivan Israelstam | Apr 13, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS

It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example:  Even where the employee does confess, he/she is still entitled to a proper hearing. ...
STRIKES CAN MEAN DISASTER FOR EMPLOYERS

STRIKES CAN MEAN DISASTER FOR EMPLOYERS

by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes

The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
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