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CORONA COMPLICATES DISCIPLINARY HEARINGS

CORONA COMPLICATES DISCIPLINARY HEARINGS

by Ivan Israelstam | May 22, 2020 | COVID-19, Disciplinary Hearing, Labour Court, Labour Law, Labour Relations Act

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
COVID-19 AND THE LAW OF RETRENCHMENTS

COVID-19 AND THE LAW OF RETRENCHMENTS

by Ivan Israelstam | Apr 27, 2020 | Labour Law, Labour Law for Employers, Retrenchments, Tools

It is understandable that business owners feel panicky because of the toll Corona is taking on business income. However, most businesses realise that if they implement wholesale retrenchments, they will not only lose valuable skills but will also reduce the buying...
EMPLOYERS SHOULD NOT IGNORE SEXUAL HARASSMENT AT THE WORKPLACE

EMPLOYERS SHOULD NOT IGNORE SEXUAL HARASSMENT AT THE WORKPLACE

by Ivan Israelstam | Apr 20, 2020 | Employment Equity Act, Labour Court, Labour Law for Employers, Labour Relations Act, Sexual Harassment

The Employment Equity Act (EEA) prohibits sexual harassment of employees by other employees and holds the employer liable in such cases even if the employer does not know that sexual harassment is going on. The courts have upheld this provision. For example, in the...
DON’T WASH YOUR HANDS OF CORONA

DON’T WASH YOUR HANDS OF CORONA

by Ivan Israelstam | Mar 23, 2020 | Labour Law, Labour Law for Employers, Labour Relations Act, Tools, Uncategorised

Since the cancer of apartheid, South Africa’s workplaces have not been affected by a malady anywhere nearly as bad as Corona. Corona severely threatens not only our physical health but also the economic health of workers, employers and the economy as a whole. We have...
CONTRACTORS MUST TAKE OVER STAFF IN OUTSOURCING DEAL

CONTRACTORS MUST TAKE OVER STAFF IN OUTSOURCING DEAL

by Ivan Israelstam | Jan 22, 2020 | Labour Law, Labour Relations Act, Outsourcing

The takeover of an entity or part thereof by a new owner or new management often causes loss of jobs and employees are often desperate to stay on with the new enterprise. On the other hand, the new owner/management very often already has its own staff and wants to...
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