by Ivan Israelstam | Apr 10, 2017 | CCMA, Employees, Labour Law
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing...
by Ivan Israelstam | Mar 21, 2017 | CCMA, Employees, Labour Law
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will...
by Ivan Israelstam | Jan 23, 2017 | CCMA, Employees, Labour Law, Labour Law for Employers
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large number of labour law statutes and codes, and employers do not always...
by Ivan Israelstam | Nov 22, 2016 | Employees, Labour Law, Labour Law for Employers
Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion can cripple the organisation especially if it lasts for several weeks and if the majority of employees take part....
by Ivan Israelstam | Oct 22, 2016 | CCMA, Employees, Labour Law
In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in...
by Ivan Israelstam | Aug 30, 2016 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers
The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One...
