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 | Mar 25, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
When an employer instructs an employee temporarily to vacate its premises and to stop performing his/her duties this is called ‘suspension. The effect of a suspension is that the employee is not allowed to return to work until the employer instructs that he/she may do...
by Ivan Israelstam | Mar 21, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Hearing, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers frequently fire employees for legally unacceptable reasons including the following: A junior employee has had disagreements with a favoured senior executive. The manager dislikes the employee for personal reasons. The employee is unwilling to have sex with...
by Ivan Israelstam | Mar 17, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
South African labour law very strongly protects employees who have been fired unfairly. These protections are implemented at several fora including: The Commission for Conciliation, Mediation and Arbitration (CCMA) The Centres for Dispute Resolution attached to the...
