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Category: Labour Law

Home Archive by Category "Labour Law"
Labour Law Management Consultants Logo

Employees Who Blow The Whistle Are Protected

6th Apr 2021Breaking News, Labour LawRCCI Admin

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 Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the…

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Employers Must Protect Themselves

29th Mar 2021Breaking News, Labour LawRCCI Admin

Labour law provides scant protection for 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 In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was…

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Terminating Fixed-term Contracts A Headache

15th Mar 2021Breaking News, Labour LawRCCI Admin

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 very easy to employ a worker on the basis of a fixed-term contract. However, it is when you want to end the employment relationship that the…

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CCMA Guidelines On Misconduct Crucial

8th Mar 2021Breaking News, Labour LawRCCI Admin

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 CCMA has produced an important set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). The stated purpose of these…

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Productivity Mindset = Economic Freedom

22nd Feb 2021Breaking News, Labour LawRCCI Admin

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 In one of my recent articles I touched on the issue of productivity at the workplace. I mentioned that, now more than ever, businesses and their employees need…

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Managing Employees Working Remotely

15th Feb 2021Breaking News, Labour LawRCCI Admin

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 most frequent question I am asked is, “How do we productively manage employees working from home?” This question is not only important during the lockdown. It will…

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Who Will Guide You Through The Labour Law Minefield?

1st Feb 2021Labour LawRCCI Admin

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: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. Our articles over the past years have made it crystal clear that, for an employer, South African labour law is a minefield riddled with endless hidden dangers. That…

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Can You Force Your Employees To Be Vaccinated Against Covid?

25th Jan 2021Breaking News, Labour LawRCCI Admin

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 2020 was a year of terror at workplaces because of the physical and financial dangers posed by Covid19. Due to the fact that the rollout of the vaccine will…

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Failure to Ensure Workplace Fairness Can Constitute Dereliction of Duty

7th Dec 2020Breaking News, Labour LawRCCI Admin

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 Many employers like using Dereliction of Duty as a disciplinary charge when they want to inflict strong punishment employees because the phrase ‘dereliction of duty’ has a serious…

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Trainees Are Also Employees

30th Nov 2020Breaking News, Labour LawRCCI Admin

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 very few exceptions anyone who works for any organisation is an employee. Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone, other than…

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Labour Brokers Need Sound Legal Advice

24th Nov 2020Breaking News, Labour LawRCCI Admin

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. Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of…

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Years Of Service A Mitigating Factor

16th Nov 2020Breaking News, Labour LawRCCI Admin

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. 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…

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Employees Should Not Falsely Accuse Employers

10th Nov 2020Breaking News, Labour LawRCCI Admin

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. 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 over 200…

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Double Trouble For Employers

26th Oct 2020Breaking News, Labour LawRCCI Admin

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. Can the employer discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is…

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Staff Unhappiness Is Not Incompatibility

12th Oct 2020Breaking News, Labour LawRCCI Admin

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 lodging of complaints by staff can be used as grounds neither for alleging incompatibility nor for dismissing employees. In the case of Jabari vs Telkom SA (Pty)…

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Conflict of Interests

5th Oct 2020Breaking News, Labour LawRCCI Admin

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 inherent in the nature of employment relationships that, as the employer is paying the employee for his services, he/she is obliged to be loyal to the…

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Don’t Delay Discipline

28th Sep 2020Breaking News, Labour LawRCCI Admin

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 In order to optimise the corrective effect of discipline it needs to be implemented as swiftly as possible. This does not mean that the disciplinary process must be…

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Jailed Employees Still Have Rights

21st Sep 2020Breaking News, Labour LawRCCI Admin

Dismissing employees who have been arrested can be dangerous. 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 seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However,…

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Employees – An Expense Or An Investment?

14th Sep 2020Breaking News, Labour LawRCCI Admin

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 most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee…

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Deal Cautiously With Absenteeism

10th Sep 2020Breaking News, Labour LawRCCI Admin

Ensure that the rights of absent employees are adhered to before dismissing 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. The law considers absenteeism over short periods (a day or two) without leave or without good…

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Cross Examination at Disciplinary Hearings

31st Aug 2020Breaking News, Labour LawRCCI Admin

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 Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is contentious as to whether an accused…

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Dishonesty Won’t Always Merit Dismissal

24th Aug 2020Breaking News, Labour LawRCCI Admin

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. Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer…

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Employees Cannot ‘Fire’ Themselves

17th Aug 2020Breaking News, Labour LawRCCI Admin

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, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected….

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Foreign Employers Can’t Escape South African Labour Law

3rd Aug 2020Breaking News, Labour LawRCCI Admin

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. 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…

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Prove Intolerable Employment Relationship Dismissing

27th Jul 2020Breaking News, Labour LawRCCI Admin

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 accepts the firing of guilty employees only if dismissal is the last resort. The Code of Good Practice: Dismissal provides that, where employers are considering dismissing…

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