by Ivan Israelstam | May 24, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers, Unfair Dismissals
Section 6 of the Employment Equity Act (EEA) prohibits unfair discrimination against an employee on arbitrary grounds One of these grounds is that of religion. This means that no employer is entitled to discriminate against an employee or applicant for employment...
by Ivan Israelstam | May 4, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment act has the effect that: members of minority trade unions are able to...
by Ivan Israelstam | Apr 25, 2016 | Employees, Labour Law, Labour Law for Employers, Training
Certain employers could be prosecuted for employing sex offenders. The employment of certain sex offenders is regulated under chapter 6 of the Criminal Law Amendment Act 32 of 2007 (CLAA) and prohibits certain employers from hiring or continuing to employ sex...
by Ivan Israelstam | Apr 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
The CCMA has frequently upheld the dismissal of employees fired for misconduct. We have been directly involved in a great many cases where employees have been fired and, after appealing to the CCMA, have remained fired. It is not the firing of employees that the law...
by Ivan Israelstam | Apr 4, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
An integral element of an employment relationship is the need for and the right of the employer and employee to trust each other. This is a two-way street and either party could forgo his/her right to continue the employment by destroying the trust relationship. Thus,...