by Ivan Israelstam | May 23, 2019 | #UnfairTreatment, Employees, Labour Law, Labour Relations Act, Unfair Dismissals
It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself’. However, this mistaken belief is born from wishful thinking. Reasons for such wishful thinking may include: The employer fears having a criminal at the workplace...
by Ivan Israelstam | May 2, 2019 | Labour Law, Labour Relations Act
Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is contentious as to whether an accused employee at a disciplinary hearing has the right to cross examine evidence brought...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Mar 22, 2019 | CCMA, Labour Law, Labour Law for Employers
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law works around them. In labour law, the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and work performance...
by Ivan Israelstam | Mar 19, 2019 | CCMA, Employees, Labour Law, Unfair Dismissals
Africa Business Radio Podcast Have you dismissed an employee for poor performance, only to have to defend your action at the CCMA? Many employers lose such cases at the CCMA, even when they have substantive evidence for the dismissal. Listen to Ivan Israelstam unpack...
by Ivan Israelstam | Jan 31, 2019 | 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 (LRA), 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...
