by Ivan Israelstam | Jun 28, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act
Can the employer discipline an employee twice for the same incident of misconduct? Under exceptional circumstances, a second disciplinary process might be justified if the employer is able to present evidence that: is new and has therefore not been presented at the...
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 27, 2018 | Corporate, Labour Law
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same business under a different name and/or in a different place, the...
by Ivan Israelstam | Jul 17, 2017 | Corporate, Employees
BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. The Labour Relations Act (LRA), in its definition section says that an employee is someone...
by Ivan Israelstam | Oct 8, 2016 | CCMA, Corporate, Labour Law for Employers
It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the...
by Ivan Israelstam | Jun 29, 2016 | CCMA, Corporate, Labour Law
Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on...
