by Ivan Israelstam | Sep 9, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
by Ivan Israelstam | Sep 1, 2021 | CCMA, CONFLICT OF INTERESTS, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...
by Ivan Israelstam | Aug 24, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments, Shop Steward
The trade union movement in South Africa is very powerful. This is not only because of the relatively high number of unionised employees and because of the extremely strong legislation supporting unionisation, but also because of the political alliance between the...
by Ivan Israelstam | Aug 17, 2021 | CCMA, Corporate, Disciplinary Hearing, Dismissal, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa, Retrenchments
Employees’ level of work performance is a crucial factor in the advancement of South Africa’s economy and in the success of each enterprise. This is one reason why the law allows employers to dismiss employees who fail to perform according to performance...
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...
