by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
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...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
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 situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Mar 26, 2019 | CCMA, Labour Law for Employers, Labour Relations Act, Retrenchments, Unfair Dismissals
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and...
by Ivan Israelstam | Mar 22, 2019 | CCMA, Labour Law, Labour Law for Employers
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law works around them. In labour law, the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and work performance...
by Ivan Israelstam | Mar 19, 2019 | CCMA, Employees, Labour Law, Unfair Dismissals
Africa Business Radio Podcast Have you dismissed an employee for poor performance, only to have to defend your action at the CCMA? Many employers lose such cases at the CCMA, even when they have substantive evidence for the dismissal. Listen to Ivan Israelstam unpack...
by Ivan Israelstam | Mar 8, 2019 | CCMA, Labour Relations Act, Retrenchments, Unfair Dismissals
The number of retrenchments occurring in South Africa is alarmingly high. The law, therefore, requires that: The employer follows a fair procedure aimed at an attempt to find alternatives to retrenchment. This involves good faith consultations with the employees...
