by Ivan Israelstam | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
by Ivan Israelstam | May 14, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour dispute resolution include: The Centres for...
by Ivan Israelstam | May 5, 2018 | CCMA, Employees, Labour Law, Labour Relations Act
The role of private arbitration in labour law is in the spotlight as we enter ‘strike season’.The huge losses resulting from the frequent, drawn out and violent brand of strikes in South Africa raise the question of how such conflict can be prevented. The...
by Ivan Israelstam | Apr 27, 2018 | Corporate, Labour Law
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same business under a different name and/or in a different place, the...
by Ivan Israelstam | Mar 2, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, a second disciplinary process might be justified if the employer is able to present:...
by Ivan Israelstam | Feb 8, 2018 | CCMA, Labour Law, Unfair Dismissals
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...
