by Ivan Israelstam | Jan 10, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Labour Relations Act defines the meaning of “employee” as: “(a) any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration; and (b) any other person who in any manner...
by Ivan Israelstam | Jan 3, 2022 | CCMA, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employees in South Africa are very well protected by our labour laws. That is, numerous and imposing obstacles in the law and in the legal system make it extremely difficult for employers to dismiss those employees who deserve to be dismissed. These obstacles include:...
by Ivan Israelstam | Dec 27, 2021 | CCMA, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
South African labour law requires that, when the employer is contemplating the dismissal of an employee, it should be able to show that the employee’s offence was so serious that it made “a continued employment relationship intolerable”. Such serious offences could...
by Ivan Israelstam | Dec 20, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Due to the fact that there is a lot at stake at a disciplinary enquiry, employees want to have strong representation. The Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states under item 4 that, when an enquiry is...
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 | Dec 7, 2021 | CCMA, Corporate, Dismissal, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The fact that many CCMA awards have been successfully reviewed at Labour Court places a question mark on the quality of some CCMA awards. This is possibly one reason for the CCMA’s decision to implement its CCMA guidelines: Misconduct Arbitrations in terms of the...
