by Ivan Israelstam | Jan 24, 2022 | CCMA, Corporate, COVID-19, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions. In addition, legislation in the form of the Skills Development Act and the Employment Equity Act has been introduced. Since then, labour...
by Ivan Israelstam | Jan 17, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Sexual Harassment
Employers may be hit by both the Employment Equity Act (EEA) as well as by the Labour Relations Act (LRA) when employees commit sexual harassment. Section 60 of the EEA in effect, provides that if the employer fails to take the steps necessary to deal with unfair...
by Ivan Israelstam | Jul 13, 2020 | CCMA, Labour Court, Labour Relations Act, Sexual Harassment, Unfair Dismissals
In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA...
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...