by Ivan Israelstam | Jun 28, 2021 | CCMA, Contracts, Corporate, Employees, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
by Ivan Israelstam | Jun 21, 2021 | CCMA, CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This confuses our understanding of what an employer is and what an employee...
by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
by Ivan Israelstam | Jun 7, 2021 | BRIBERY AND CORRUPTION, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
by Ivan Israelstam | Apr 20, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS, Sale of a Business
Due to our country’s economic recession closures of SA businesses are increasing. Perhaps the worst of the negative effects of such closures is the wholesale loss of the jobs involving the employees of the business. Sometimes the struggling company is taken over...
by Ivan Israelstam | Apr 13, 2021 | CCMA, Employees, Labour Court, Labour Law for Employers, Labour Relations Act, MISUNDERSTAND LEGAL TERMS
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. ...
