by Ivan Israelstam | Dec 13, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Suspension
Employees are suspended from duty for different reasons that may include: One form of suspension is a temporary lay-off of employees due to operational circumstances. That is, during retrenchment consultations, either party may suggest temporary layoffs as an...
by Ivan Israelstam | Oct 19, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The drafters of the Labour Relations Act of 1995 (LRA) expressly provided in the statute for the right of an accused to be heard. That is, section 188 of the LRA states that a dismissal is unfair if the employer fails to prove that it was effected in accordance with a...
by Ivan Israelstam | Oct 12, 2021 | CCMA, Corporate, COVID-19, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Earlier this year I wrote an article warning of the dangers of enforcing compulsory Covid vaccinations at the workplace. Despite this, a trend towards compulsory vaccination has begun. This is because Covid is still spreading, far too many people are still resisting...
by Ivan Israelstam | Oct 5, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Feelings of spite arise at work for a variety of reasons such as: Resentment due to the lodging of grievances Power struggles between managers Racial and other prejudices Scapegoating Managers feeling threatened by other managers or senior staff Sexual affairs ...
by Ivan Israelstam | Sep 28, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
by Ivan Israelstam | Jun 28, 2021 | CCMA, Contracts, Corporate, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
