by Ivan Israelstam | Nov 30, 2022 | ARBITRATION, Disciplinary Charges, Disciplinary Codes, Disciplinary Hearing, Discipline Costs, Dismissal, Uncategorised
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
by Ivan Israelstam | Nov 26, 2022 | Uncategorised
Our articles over the past years have made it crystal clear that, for an employer, South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes, and determinations that are mainly focused on...
by Ivan Israelstam | Mar 23, 2020 | Labour Law, Labour Law for Employers, Labour Relations Act, Tools, Uncategorised
Since the cancer of apartheid, South Africa’s workplaces have not been affected by a malady anywhere nearly as bad as Corona. Corona severely threatens not only our physical health but also the economic health of workers, employers and the economy as a whole. We have...
by Ivan Israelstam | Aug 26, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals
‘One day as I was upon a stair I met a man who wasn’t there He wasn’t there again today I wish that man would go away’ Anonymous Employers rely heavily on the presence at work of their employees in order to get the work done. It is therefore a major source of...
by Ivan Israelstam | Apr 26, 2019 | Uncategorised
Labour law, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected. Labour law very reluctantly allows employers to terminate the employment of workers but...
by Ivan Israelstam | Jul 18, 2018 | Employees, Labour Law for Employers, Labour Relations Act, Uncategorised, Unfair Dismissals
Africa Business Radio Podcast Many employers failed to double check that the qualifications submitted by job candidates are genuine. The common law entitles employers to know all facts about a prospective employee that are relevant to a job application. That is, the...
