by Ivan Israelstam | Jun 1, 2021 | Corporate, EMPLOYEE VICTIMISATION, Employees, Labour Court, Labour Law, Labour Law for Employers
It is disquieting how often Court judges and arbitrators disagree with each other about the meaning of legal terms and how they should be applied. In view of these legal uncertainties, employers, employees, and trade unions struggle to understand and are unable to...
by Ivan Israelstam | May 25, 2021 | Corporate, EMPLOYEE EMAILS, Employees, Labour Court, Labour Law, Labour Law for Employers
The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...
by Ivan Israelstam | May 19, 2021 | CCMA, Evidence, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct, his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee...
by Ivan Israelstam | May 11, 2021 | CCMA, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
While labour law allows employers to discipline employees who pretend to be ill, the laws also protect genuinely ill, injured, and disabled employees. Firstly, the Basic Conditions of Employment Act entitles ill or injured employees to sick leave of one day’s paid...
by Ivan Israelstam | May 4, 2021 | CCMA, INSTANT RESIGNATIONS, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
The employment of an employee can be terminated by the death of the employee, by his/her retirement, by dismissal, by mutual agreement or at the instance of the employee. Normally, if the employee terminates the employment, he/she does so by retiring or resigning and...
by Ivan Israelstam | Apr 26, 2021 | CCMA, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals, Videotape Evidence
During arbitrations held at the CCMA and bargaining councils it is often very difficult for employers to provide sufficient proof that the employee is guilty of the misconduct for which he/she was fired. This difficulty is worsened by the fact that it is the employer...
