by Ivan Israelstam | Dec 27, 2021 | CCMA, Corporate, Dismissal, Employment Contracts, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
South African labour law requires that, when the employer is contemplating the dismissal of an employee, it should be able to show that the employee’s offence was so serious that it made “a continued employment relationship intolerable”. Such serious offences could...
by Ivan Israelstam | Nov 22, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, PRESIDING OFFICERS, UNFAIR LABOUR PRACTICE
A fundamental right of employees accused of misconduct or poor performance at disciplinary hearings is for the hearing to be chaired by an impartial presiding officer. This requirement holds true regardless of whether the chairperson is employed by the organisation...
by Ivan Israelstam | Nov 15, 2021 | CCMA, Corporate, Dismissal, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, UNFAIR LABOUR PRACTICE
Even where an employee has taken the life of a colleague, his dismissal is likely to be unfair if the presiding officer has not properly taken significant mitigating circumstances into account. The LRA’s Code of Good Practice: Dismissal (the Code) conditionally allows...
by Ivan Israelstam | Nov 8, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, WORKPLACE CONFLICT
Covid19 has weakened the world economy and increased the insecurity of workers and businesses everywhere. In South Africa, the fate of businesses and their employees is all the more uncertain, due to our historically low productivity levels, state capture, government...
by Ivan Israelstam | Oct 25, 2021 | CCMA, Corporate, Government, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
The Department of ‘Employment’ and Labour is expected to bring into effect new legislation with far reaching significance for employers. This major amendment is expected to increase the already powerful stranglehold that legislation has on productive business...
