by Ivan Israelstam | Jul 25, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, CROSS-EXAMINATION, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s Constitution gives all accused persons the right to defend themselves. Cross examination is a key tool used for this purpose. It is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it...
by Ivan Israelstam | Jul 18, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Disciplinary Hearing, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The Code of Good Practice: Dismissal (the Code) in Schedule 8 of the Labour Relations Act (LRA) has been, in effect, provided for in section 188 (2) in Chapter 8 of the LRA. This chapter provides for this Code as part of its purpose of ensuring that employers accede...
by Ivan Israelstam | Jul 11, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Early in 2022 the Daily Maverick reported on a case where an employee was dismissed for refusing to be vaccinated against Covid. In that case Ms Mulderij applied for exemption from the employer’s vaccination policy on the grounds that the Constitution gave her the...
by Ivan Israelstam | Jul 6, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result, the statutes heavily protect employees and, in particular, protects the jobs of workers. The Labour Relations Act (LRA) and its Schedule 8 fall short of prohibiting the...
by Ivan Israelstam | Jun 27, 2022 | ARBITRATION, CCMA, Corporate, COVID-19, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Yes, it is true that our government has lifted its Covid restrictions as a means towards promoting economic activity. While this will assist businesses to improve their sales, employers and employees need to bear some important things in mind: Firstly, the...
by Ivan Israelstam | Jun 13, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The Labour Relations Act, seven other labour acts and numerous codes of good practice have all been designed to protect employees. And indeed, employees need protection from unscrupulous employers. However, the imbalance is so great that our labour laws leave...
