by Ivan Israelstam | Dec 6, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Unfair Dismissals, Unfair Suspensions
South African labour law requires employers to afford employees numerous procedural rights before being dismissed for misconduct or poor performance. This includes the right to: prepare for the hearing the assistance of a representative an interpreter bring witnesses...
by Ivan Israelstam | Nov 20, 2020 | CCMA, Employees, Employment Contracts, Employment Equity Act, Labour Court, Labour Law, Labour Law for Employers, Tools, Unfair Dismissals
The protection of employees reaches even beyond the actual consummation of the employment contract. That is, the courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet...
by Ivan Israelstam | Oct 16, 2020 | CCMA, CROSS-EXAMINATION, Disciplinary Hearing, Labour Court, Labour Relations Act
At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not...
by Ivan Israelstam | Oct 2, 2020 | CCMA, Employees, Labour Court, Labour Law, Labour Relations Act
In common law, employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee...
by Ivan Israelstam | Aug 25, 2020 | CCMA, COVID-19, Labour Court, Labour Relations Act, Retrenchments
Retrenchments are a big part of the new normal, but this does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before...
