by Ivan Israelstam | Jul 6, 2018 | Employees
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question is made to authorities within or outside of the company/organisation...
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...
by Ivan Israelstam | Jun 11, 2018 | Employees, Labour Law, Labour Law for Employers
The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to: be remunerated for work done be given vacation leave, sick leave,...
by Ivan Israelstam | Jun 11, 2018 | CCMA, Labour Law
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but often brought little or no support for...
by Ivan Israelstam | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Israelstam
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that: The employee...
