Some time ago asked by an employer to assist with preparing for a Labour Court review case. The employer had dismissed the employee for theft but the CCMA had forced the employer to reinstate him. I was puzzled by the CCMA’s decision because, on discussing the case with the employer, I unearthed strong evidence that […]
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. Labour law very reluctantly allows employers to terminate the employment of workers but only after the employer has proved that the employee deserved to be dismissed and […]
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has the right to equal protection and benefit of the law.” […]
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 might happen include amongst others: The case of the employer concerned was weak without him/her realizing it The employer’s case was strong but he/she failed to present […]
It has recently become less contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, the law protecting employees when a business or a part thereof is taken over. BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or […]
It is a common erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act (BCEA) does require employers to inform employees in writing of their particulars of […]
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds including gender and sex. 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: firstname.lastname@example.org. This article first appeared in […]
Where employees disrupt the workplace the operations of the business can be seriously affected. This article was written 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: email@example.com. This article first appeared in The Star.