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WHAT IS AN UNFAIR LABOUR PRACTICE?

WHAT IS AN UNFAIR LABOUR PRACTICE?

by Ivan Israelstam | Apr 7, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, UNFAIR LABOUR PRACTICE, Unfair Suspensions

Section 186(2) of the Labour Relations Act (LRA) defines “Unfair labour Practice” as “any unfair act or omission that arises between an employer and an employee involving-  unfair conduct by the employer relating to the promotion, demotion, probation (excluding...
WHO DEFINES UNFAIRNESS?

WHO DEFINES UNFAIRNESS?

by Ivan Israelstam | Mar 30, 2021 | CCMA, Labour Law, Labour Relations Act, Unfair Dismissals, Unfair Suspensions

In criminal law an accused may be found guilty of, and punished for wrongful behaviour, only if that behaviour contravenes a law written into a statute. That is, punishable behaviour is confined to that behaviour specifically prohibited in black and white in one...
ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

ALCOHOL CONSUMPTION NOT AUTOMATIC REASON FOR DISMISSAL

by Ivan Israelstam | Sep 18, 2020 | Alcohol consumption, Labour Law for Employers, Labour Relations Act, Tools, Unfair Dismissals

In the case of NUMSA obo Davids vs Bosal Africa (Pty) Ltd (1999 10 BALR 1240) the employee was dismissed for being under the influence of alcohol at work. The facts proved that there were no actual consequences of the employee working while under the influence of...
Arbitration Fees Add Insult To Injury

Arbitration Fees Add Insult To Injury

by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act

It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...

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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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