by Ivan Israelstam | May 24, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
There are many different reasons that employers lose at arbitration despite their confidence that they would win. Some of those reasons include: The case of the employer concerned was weak without him/her realizing it The employer’s case was strong but he/she failed...
by Ivan Israelstam | May 18, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law allows them to use such warnings. In labour law the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and...
by Ivan Israelstam | May 12, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Due to state capture, loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis. The biggest fallout of this economic weakness is the very high number of retrenchments in this country. Many employers are tempted to use...
by Ivan Israelstam | May 5, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Covid state of disaster regulations expired on 15 April 2022. However, these were replaced by a code of good practice for managing Covid in the workplace. The purpose of the code is to ensure that employers go the extra mile to protect employees from contracting...
by Ivan Israelstam | Apr 27, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The CCMA, from time to time, suffers case backlogs and delays in resolving disputes. One of the reasons for this is the fact that the CCMA is overloaded with cases, and the case load is constantly increasing. As a consequence, the Labour Relations Act (LRA) as amended...
by Ivan Israelstam | Apr 20, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Dismissal, EMPLOYERS, Employment Contracts, HR POLICIES, Labour Court, 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, 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 airline...
