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DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

DON’T MISS THE ARBITRATION HEARING AS IT MAY CONTINUE WITHOUT YOU

by Ivan Israelstam | Sep 4, 2020 | CCMA, Discipline Costs, Labour Court, Labour Law Debate with Ivan Israelstam, Labour Relations Act

Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As the arbitrator has little or no way of testing the truth of the...
CORONA DOES NOT GIVE EMPLOYERS THE RIGHT TO RETRENCH AT WILL

CORONA DOES NOT GIVE EMPLOYERS THE RIGHT TO RETRENCH AT WILL

by Ivan Israelstam | Aug 25, 2020 | CCMA, COVID-19, Labour Court, Labour Relations Act, Retrenchments

Retrenchments are a big part of the new normal, but this does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before...
ILLEGAL WORKERS ARE PROTECTED

ILLEGAL WORKERS ARE PROTECTED

by Ivan Israelstam | Jul 24, 2020 | CCMA, Illegal Workers, Labour Court, Labour Law, Labour Relations Act, Unfair Dismissals

Lack of awareness of Constitutional and labour law protections of employees from foreign countries has prompted many employers to mistreat illegally employed staff. That is, employers have paid illegal immigrants low wages, deprived them of employee benefits and have...
EMPLOYERS BEWARE: COVID-19 LOCKDOWN CAN CONTRIBUTE TO UNPLEASANT CCMA SURPRISES

EMPLOYERS BEWARE: COVID-19 LOCKDOWN CAN CONTRIBUTE TO UNPLEASANT CCMA SURPRISES

by Ivan Israelstam | Jun 18, 2020 | CCMA, COVID-19, Labour Court, Labour Law for Employers

A while ago I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never received a summons to appear at the CCMA. The award required the employer...
USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER

by Ivan Israelstam | Jun 8, 2020 | CCMA, Labour Brokers, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act

Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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