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…
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…
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…
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…
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…
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…
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…
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)…
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…
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…
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,…
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…
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…
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…
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…
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….
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…
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…
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 often receive calls from angry employers who, having been certain of success at arbitration, have received notice that they have lost the case. The reasons that 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. Go to: www.labourlawadvice.co.za. The number of retrenchments occurring in South Africa is alarmingly high. The law requires that: The employer follows a fair procedure aimed at an attempt to find alternatives…
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 An employee is entitled, in terms of Section 77(3) of the Basic Conditions of Employment Act, to ask either the civil courts or to the Labour Court to determine any…
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 CCMA is constantly overloaded with cases hearing in excess of 150 000 cases a year. This can result in backlogs and delays in resolution of disputes. As…
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 contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or…
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 Africa’s labour legislation has, since 1996, been gradually but relentlessly removing labour flexibility from our economy. This is alarming because, especially in the modern world of business…
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 Government intervention in post Corona recovery has to focus heavily on freeing employers of legal restrictions that constrain flexibility and productivity. Currently employers are hampered from surviving, prospering,…
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