by Ivan Israelstam | May 9, 2016 | CCMA, Labour Law, Labour Law for Employers
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). As a result trade union and employee rights have been...
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 22, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Should an employer fail to bring any witnesses to a CCMA arbitration the employer’s representative will find it extremely difficult to win the case because witness testimony normally forms the crucial core of the procedure at any hearing. The procedural guidelines...
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,...