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WHAT POWERS DO THE LABOUR COURTS HAVE?

WHAT POWERS DO THE LABOUR COURTS HAVE?

by Ivan Israelstam | Jan 22, 2020 | Labour Court, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Relations Act

The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court strong decision-making powers. Section 158 of the LRA gives the Labour Court the power to make, amongst others, orders:  Granting urgent relief and interdicts  Remedying wrongs and...
CASE LAW DECISIONS A WARNING TO EMPLOYERS

CASE LAW DECISIONS A WARNING TO EMPLOYERS

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Labour Relations Act

A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance level is not acceptable and that any further failure to meet the required standards will result in stronger measures being taken. In...
BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT

by Ivan Israelstam | Dec 18, 2019 | CCMA, Disciplinary Hearing, Discipline Costs, Labour Law, Labour Law for Employers, Labour Relations Act

What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline and even to dismiss employees for work-related...
BULK DISMISSALS CAN BE RISKY

BULK DISMISSALS CAN BE RISKY

by Ivan Israelstam | Nov 22, 2019 | CCMA, Employees, Labour Relations Act, Unfair Dismissals

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible.  Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been...
DON’T VICTIMISE WHISTLE BLOWERS

DON’T VICTIMISE WHISTLE BLOWERS

by Ivan Israelstam | Oct 17, 2019 | CCMA, Disciplinary Hearing, Labour Law for Employers, Labour Relations Act, Unfair Dismissals

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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