by Ivan Israelstam | Aug 11, 2021 | CCMA, Corporate, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, PRIVATE ARBITRATION, Retrenchments
The huge losses that can result from strikes raise the question of how strikes can be prevented. The consequences of strikes can include: The employer’s loss of clients Financial losses for businesses Closure of businesses Industrial sabotage Loss of pay and...
by Ivan Israelstam | Aug 3, 2021 | CCMA, Corporate, Disciplinary Charges, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee should be entitled to a reasonable time to prepare the...
by Ivan Israelstam | Jul 27, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door. In the absence of statutory guidance, case after...
by Ivan Israelstam | Jul 20, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Shop Steward
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
by Ivan Israelstam | Jul 13, 2021 | CCMA, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, REINSTATED EMPLOYEES
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort. A reinstatement order, forcing the employer to take the employee back (often with...
by Ivan Israelstam | Jul 6, 2021 | CCMA, Corporate, Disciplinary Codes, Disciplinary Hearing, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
