by Ivan Israelstam | Apr 10, 2019 | #UnfairTreatment, CCMA, Corporate, Employees, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
South African labour legislation has been written to protect employees to the detriment of employers. This is despite the fact that section 9(1) of the Bill of Rights contained in the Constitution of South Africa provides that “Everyone is equal before the law and has...
by Ivan Israelstam | Aug 30, 2018 | CCMA, Labour Law for Employers
Employers too often try to remove their older employees from employment in order to ‘make way for new blood’, or because such employees sometimes move more slowly or ‘do not fit in’. However, such employees are protected by the Employment Equity Act (EEA), which...
by Ivan Israelstam | Jul 18, 2018 | Labour Law, Labour Law Debate with Ivan Israelstam, Labour Relations Act
The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem relates to poor work performance, misconduct, job redundancy or incapacity due to...
by Ivan Israelstam | Jul 6, 2018 | CCMA
In the interests of resolving labour disputes, CCMA commissioners have been given a wide variety of powers including the power to: Subpoena witnesses and documents On authorisation, enter and inspect any premises on which any relevant document or other object is to be...
by Ivan Israelstam | Jun 19, 2018 | CCMA, Employees, Labour Law
Unlawful retrenchment process according to the Labour Relations Act As a result of South Africa’s highly restrictive labour legislation, employers threaten to close down their businesses. But it is not necessary for employers to take such drastic steps merely because...
