by Ivan Israelstam | Aug 3, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee should be entitled to a reasonable time to prepare the...
by Ivan Israelstam | Jul 27, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door. In the absence of statutory guidance, case after...
by Ivan Israelstam | Jul 20, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Shop Steward
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
by Ivan Israelstam | Jul 13, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, REINSTATED EMPLOYEES
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort. A reinstatement order, forcing the employer to take the employee back (often with...
by Ivan Israelstam | Jul 6, 2021 | CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
by Ivan Israelstam | Jun 28, 2021 | CCMA, Contracts, Corporate, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
by Ivan Israelstam | Jun 21, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This confuses our understanding of what an employer is and what an employee...
by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
by Ivan Israelstam | Jun 7, 2021 | BRIBERY AND CORRUPTION, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
by Ivan Israelstam | Jun 1, 2021 | Corporate, EMPLOYEE VICTIMISATION, Employees, Labour Court, Labour Law, Labour Law for Employers
It is disquieting how often Court judges and arbitrators disagree with each other about the meaning of legal terms and how they should be applied. In view of these legal uncertainties, employers, employees, and trade unions struggle to understand and are unable to...
