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THERE ARE ALTERNATIVES TO RETRENCHMENT

by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law for Employers, Retrenchments, Unfair Dismissals

The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly...

CCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES

by Ivan Israelstam | May 7, 2017 | CCMA, Labour Law, Labour Law for Employers, Retrenchments

Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and...

UNREASONABLE LAWS UNDERMINE MANAGEMENT PREROGATIVE

by Ivan Israelstam | Feb 9, 2017 | CCMA, Labour Law for Employers

The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer does not want to set a precedent of giving 50% increases...

A THIN LINE BETWEEN MANAGEMENT PREROGATIVE AND VICTIMISATION

by Ivan Israelstam | Jan 23, 2017 | CCMA, Employees, Labour Law, Labour Law for Employers

I receive numerous requests from employers of all types and sizes asking me to explain the meaning of labour law terms. The reasons for the high number of such requests include: There are a large number of labour law statutes and codes, and employers do not always...

POTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION

by Ivan Israelstam | Dec 6, 2016 | CCMA, Labour Law, Retrenchments

When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a desire to replace the employee with a family...
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Ivan Israelstam, Author of 3 Labour Law Books, People Dynamics Columnist & CEO of Labour Law.

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