by Ivan Israelstam | Oct 22, 2020 | CCMA, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Relations Act
Illegal entrapment occurs when the employer unduly induces an employee to break a rule as opposed merely to providing an opportunity for the employee to break that rule. I have mentioned in previous articles that illegal entrapment is not the only unfair method used...
by Ivan Israelstam | Oct 2, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Relations Act
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...
by Ivan Israelstam | Aug 14, 2020 | Labour Law, POPI ACT, POPI Compliant, Tools
South Africa’s Constitution gives every person the right to privacy and requires that legislation be promulgated to implement this right. As a result, the Protection of Personal Information Act of 2013 (POPI) was drawn up but did not come into effect for seven years...
by Ivan Israelstam | Jul 24, 2020 | CCMA, Illegal Workers, Labour Court, Labour Law, Labour Relations Act, Unfair Dismissals
Lack of awareness of Constitutional and labour law protections of employees from foreign countries has prompted many employers to mistreat illegally employed staff. That is, employers have paid illegal immigrants low wages, deprived them of employee benefits and have...
by Ivan Israelstam | Jun 8, 2020 | CCMA, Labour Brokers, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Employers use alternative and temporary labour sources for numerous reasons including: Permanent employees are away on annual leave, sick leave, maternity leave or other leave and the remaining staff cannot cope with all the work Work volumes have increased...
by Ivan Israelstam | May 22, 2020 | COVID-19, Disciplinary Hearing, Labour Court, Labour Law, Labour Relations Act
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
