by Ivan Israelstam | Sep 19, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South African labour law requires all discipline to be corrective rather than punitive. When an employer disciplines an employee twice for the very same incident of misconduct the CCMA is likely to see this as punitive. It is only under highly exceptional...
by Ivan Israelstam | Sep 12, 2022 | ARBITRATION, CCMA, Contracts, Corporate, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to...
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 | Dec 17, 2020 | Contracts, Employees, Employment Contracts, Labour Law, Labour Law for Employers, Labour Relations Act
Conflicting court decisions’ ongoing concerns mean that we don’t know if we are coming or going Section 197 of the Labour Relations Act (LRA) comes into effect where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another...
by Ivan Israelstam | Jul 31, 2020 | Contracts, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Strikes
The loss of production and of customers is usually the first consequence of a strike. However, indirect strike costs incurred later can be just as serious. In the case of NUM and others vs Chrober Slate (Pty) Ltd (2008, 3 BLLR 287) the mine dismissed its quarry...
by Ivan Israelstam | Oct 17, 2019 | Contracts, Labour Law for Employers, Retrenchments, Unfair Dismissals
It is very easy to employ a worker on the basis of a fixed-term contract. However, it is when you want to end the employment relationship that the pain begins. The employer’s need to terminate the contract could have a number of different reasons. For example, during...
