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...
by Ivan Israelstam | May 25, 2021 | Corporate, EMPLOYEE EMAILS, Employees, Labour Court, Labour Law, Labour Law for Employers
The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...
by Ivan Israelstam | May 21, 2021 | Corporate, Employees, INVESTIGATING MISCONDUCT, Labour Law, Labour Law for Employers, Unfair Dismissals
Two common mistakes that employers make on receiving misconduct allegations against employees are: Firstly, they ignore the reports because acting on them is ‘too much trouble’, or because they fear infringing the myriad of legal rights that employees enjoy. This...
by Ivan Israelstam | Oct 17, 2019 | Corporate, Government, Labour Unions South Africa
South Africa has a high-level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body, called NEDLAC (the National Economic Development and Labour...
by Ivan Israelstam | Oct 17, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Tools
The CCMA has issued a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines are directed at arbitrators presiding over hearings where unfair dismissals due to misconduct are being claimed. The...
by Ivan Israelstam | Oct 14, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. By 1995 South Africa’s new constitution...
