by Ivan Israelstam | Jul 5, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Making dismissal stick requires legal know how We too often hear the shout from business owners and managers: “Get rid of him now; we’ll worry about the law later!” Little do they realise that ‘the costs’ they are shouting about could be immense. This is especially so...
by Ivan Israelstam | Jun 29, 2016 | CCMA, Corporate, Labour Law
Despite South Africa’s employment equity legislation, the biases and discrimination that characterised the ‘old South Africa’ still exists in the hearts and minds of many people. Such unfair discrimination could include, but is not limited to, discrimination on...
by Ivan Israelstam | Jun 15, 2016 | Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the...
by Ivan Israelstam | Jun 1, 2016 | CCMA, Labour Law, Labour Law for Employers, Unfair Dismissals
Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a...
by Ivan Israelstam | May 30, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at...
