by Ivan Israelstam | Nov 29, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Strikes
Strikes in South Africa are as ‘normal’ as warm weather. However, more recently strikes have occurred less frequently, probably due to the reluctance of unions to weaken the employer and to spark resulting retrenchments. In the light of this partial mindset change the...
by Ivan Israelstam | Nov 22, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, PRESIDING OFFICERS, UNFAIR LABOUR PRACTICE
A fundamental right of employees accused of misconduct or poor performance at disciplinary hearings is for the hearing to be chaired by an impartial presiding officer. This requirement holds true regardless of whether the chairperson is employed by the organisation...
by Ivan Israelstam | Nov 15, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, UNFAIR LABOUR PRACTICE
Even where an employee has taken the life of a colleague, his dismissal is likely to be unfair if the presiding officer has not properly taken significant mitigating circumstances into account. The LRA’s Code of Good Practice: Dismissal (the Code) conditionally allows...
by Ivan Israelstam | Nov 8, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, WORKPLACE CONFLICT
Covid19 has weakened the world economy and increased the insecurity of workers and businesses everywhere. In South Africa, the fate of businesses and their employees is all the more uncertain, due to our historically low productivity levels, state capture, government...
by Ivan Israelstam | Oct 25, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Department of ‘Employment’ and Labour is expected to bring into effect new legislation with far reaching significance for employers. This major amendment is expected to increase the already powerful stranglehold that legislation has on productive business...
by Ivan Israelstam | Oct 19, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The drafters of the Labour Relations Act of 1995 (LRA) expressly provided in the statute for the right of an accused to be heard. That is, section 188 of the LRA states that a dismissal is unfair if the employer fails to prove that it was effected in accordance with a...
by Ivan Israelstam | Oct 12, 2021 | CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Earlier this year I wrote an article warning of the dangers of enforcing compulsory Covid vaccinations at the workplace. Despite this, a trend towards compulsory vaccination has begun. This is because Covid is still spreading, far too many people are still resisting...
by Ivan Israelstam | Oct 5, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Feelings of spite arise at work for a variety of reasons such as: Resentment due to the lodging of grievances Power struggles between managers Racial and other prejudices Scapegoating Managers feeling threatened by other managers or senior staff Sexual affairs ...
by Ivan Israelstam | Sep 28, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstam | Sep 21, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
South Africa’s unemployment rate is at an all time high with 43% of working age people being unemployed. This is the harsh reality, despite government’s so called ‘growth’ plans. While retrenchments have risen to alarming levels over the past four years, mutually...
