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YEARS OF SERVICE A MITIGATING FACTOR

YEARS OF SERVICE A MITIGATING FACTOR

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

Many employers, when considering dismissal, do not mind taking into account the fact that the guilty employee has long service. However, having weighed this against the seriousness of the offence and aggravating factors, the employer should be allowed, within reason,...
EMPLOYEES BEWARE – DON’T FALSELY ACCUSE EMPLOYERS

EMPLOYEES BEWARE – DON’T FALSELY ACCUSE EMPLOYERS

by Ivan Israelstam | Jul 25, 2019 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act

Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately 180 000 cases per year and do not have time to waste on dealing with false...
FOREIGN EMPLOYERS CAN’T ESCAPE SOUTH AFRICAN LABOUR LAW

FOREIGN EMPLOYERS CAN’T ESCAPE SOUTH AFRICAN LABOUR LAW

by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals

South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
A FINAL WARNING TO EMPLOYERS: Don’t misuse disciplinary warnings

A FINAL WARNING TO EMPLOYERS: Don’t misuse disciplinary warnings

by Ivan Israelstam | Mar 22, 2019 | CCMA, Labour Law, Labour Law for Employers

Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law works around them. In labour law, the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and work performance...
Unfair Demotion Will Be Punished By CCMA

Unfair Demotion Will Be Punished By CCMA

by Ivan Israelstam | Nov 6, 2018 | CCMA, Employees, Labour Law, Labour Law for Employers, Labour Relations Act

Employers demote employees fairly frequently. This could be for any number of legitimate, and illegitimate, reasons including: The boss dislikes the employee The employee has broken a rule The employee’s work performance is unsatisfactory The boss wants to create a...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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