by Ivan Israelstam | Feb 12, 2021 | CCMA, CON-ARB, Employees, Labour Law, Labour Law for Employers, Labour Relations Act
Employers and employees need to look very carefully at notices to attend the CCMA in order to see what type of process has been set down. No party wants to arrive at CCMA thinking that they will only be facing only a mediation process and then find that the court case...
by Ivan Israelstam | Feb 1, 2021 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Tools
South African labour legislation gives employees very strong rights including the right to join trade unions, go on strike, have a fair disciplinary hearing, protection from unfair demotions, be promoted under certain circumstances, minimum wages in many cases, sick...
by Ivan Israelstam | Jan 31, 2021 | COVID-19, Employees, Labour Law, Labour Law for Employers, Vaccination
Twenty-twenty was a year of terror at workplaces because of the physical and financial dangers posed by Covid-19. Due to the fact that the roll out of the vaccine will be slow we can expect 2021 to be as terrifying as was 2020, if not even more so. This is because...
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 | Dec 17, 2020 | CCMA, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers too often fail to ensure that the qualifications submitted by job candidates are genuine. Common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the employee is obliged to: Divulge...
by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...