DISCRIMINATION BY EMPLOYERS IS ILL ADVISED BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on twenty arbitrary grounds including race, age, disability, sex and many others. Discrimination at…
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. With the current international financial crisis, credit crunch, spiraling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery…
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 It is disquieting how often Court judges and arbitrators disagree with each other on the meaning of legal terms and on how they should be applied. In view…
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration…
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 Labour law protects ill, injured and disabled employees in a number of ways. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave…
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. The employment of an employee can be terminated by the death of the employee, by his/her retirement, by dismissal, by mutual agreement or at the instance of the employee. Normally, if…
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. It is often very difficult for employers to provide, at the CCMA and bargaining councils, sufficient proof that the employee is guilty of the misconduct for which he was fired. This…
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. South Africa’s recession is marked by a growing number of companies experiencing severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and…
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. Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute….
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. Not all discrimination is unfair. Giving company cars and other perks to managers but not to lower level employees is discriminatory but it is not necessarily unfair discrimination. This is because…