by Ivan Israelstam | Nov 20, 2017 | CCMA, Labour Law, Labour Relations Act
During 2014 and 2015 the Department of Labour introduced a spate of new legislation with far reaching significance for employers. These major amendments have increased the already powerful stranglehold that legislation had on productive business management and...
by Ivan Israelstam | Jun 6, 2017 | CCMA, Employees, Labour Law, Labour Law Debate with Ivan Israelstam, 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 was...
by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law, Labour Law for Employers, Retrenchments
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and...
by Ivan Israelstam | Apr 10, 2017 | CCMA, Employees, Labour Law
It is understandable that employers assume that employees who confess to misconduct can be automatically fired. However, there are numerous reasons why this is not true. For example: Even where the employee does confess he/she is still entitled to a proper hearing...
by Ivan Israelstam | Mar 21, 2017 | CCMA, Employees, Labour Law
One of the key pieces of information in a notice summoning you to a labour dispute forum is the type of process you are being summoned to attend. This may be a conciliation, a con-arb or an arbitration. Should it be a con-arb or arbitration this means that you will...
by Ivan Israelstam | Jan 23, 2017 | CCMA, Employees, Labour Law, Labour Law for Employers
I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large number of labour law statutes and codes, and employers do not always...
