by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Labour Relations Act
It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but, the Basic Conditions of Employment Act...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law for Employers, Labour Relations Act
Absenteeism is the most problematic form of misconduct because it reduces productivity. Most employers, therefore, require employees who are absent from work due to alleged illness or injury to provide proof, in the form of a medical certificate, that they were...
by Ivan Israelstam | Oct 23, 2018 | Employees, Labour Law, Labour Law for Employers, Retrenchments
While all retrenchments are painful and often devastating for employees, it is normal for employers to retrench employees after serious losses have been incurred as the employer can no longer afford to pay their salaries. It can also happen that those executives...
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 | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
