by Ivan Israelstam | May 5, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Covid state of disaster regulations expired on 15 April 2022. However, these were replaced by a code of good practice for managing Covid in the workplace. The purpose of the code is to ensure that employers go the extra mile to protect employees from contracting...
by Ivan Israelstam | Apr 27, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The CCMA, from time to time, suffers case backlogs and delays in resolving disputes. One of the reasons for this is the fact that the CCMA is overloaded with cases, and the case load is constantly increasing. As a consequence, the Labour Relations Act (LRA) as amended...
by Ivan Israelstam | Apr 20, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes the airline...
by Ivan Israelstam | Apr 11, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
In my previous article I explained that the New Code of Practice: Managing Exposure To Covid In The Workplace, 2022 requires employers to conduct a special health risk assessment (HRA) and to implement a plan to protect its employees from contracting Covid.This code...
by Ivan Israelstam | Apr 3, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The current state of disaster will lapse on 15 April 2022; and indications are that it will not be renewed. This is indicated by the fact that the Minister of Employment and Labour has issued a new Code of Practice to replace those provisions of the Disaster...
by Ivan Israelstam | Jan 31, 2022 | CCMA, Corporate, COVID-19, Dismissal, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Vaccination
Normally, a refusal to obey a reasonable instruction merits discipline, which in some cases could merit dismissal. However, refusal to be vaccinated should not be treated as misconduct. Our constitution and its resulting labour legislation protect employees from...
