BEWARE THE USE OF FIXED-TERM CONTRACTS You can inadvertently guarantee a temp. employee further employment BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to www.labourlawadvice.co.za. According to sections 193 and 194 of the Labour Relations Act (LRA) the…
BY Ivan israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web address: www.labourlawadvice.co.za Last week’s article discussed the unfair practice of illegally entrapping a suspected employee in order to prove him/her guilty of misconduct. I explained that illegal entrapment occurs when…
BY: Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. I have constantly warned employers that winning at the CCMA is difficult because: The employer is the accused at arbitration in the same sense as the defendant in…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. An employer recently remarked to me that the time is fast approaching when an employee will have to kill somebody before his/her conduct can be construed as sufficient…
DON’T MISS THE ARBITRATION HEARING! It may well continue without you. BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: labourlaw@absamail.co.za. Web Address: www.labourlawadvice.co.za. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The Code of Good Practice: Dismissal (The Code) imposes a number of requirements on an employer who is contemplating dismissing an employee for misconduct. Three of these requirements…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: labourlaw@absamail.co.za. Go to: www.labourlawadvice.co.za Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However,…
Fines of up to R1,500,000 require desperate measures from defaulting employers BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za Employers may be fined up to R1,500,000 for a first offence for failing to comply with Employment…