by Ivan Israelstam | Oct 14, 2019 | CCMA, Corporate, Labour Law for Employers, Labour Relations Act, Labour Unions South Africa
In 1995 the old Labour Relations Act promulgated in 1956 was scrapped by the new ANC government. The old act was considered by the new government and the trade unions as failing to provide sufficient protection for employees. By 1995 South Africa’s new constitution...
by Ivan Israelstam | Apr 26, 2019 | Uncategorised
Labour law, born from South Africa’s Constitution, is there primarily to protect employees. Central to this purpose is the principle that the jobs of employees must be protected. Labour law very reluctantly allows employers to terminate the employment of workers but...
by Ivan Israelstam | Apr 10, 2019 | CCMA, Labour Law, Labour Relations Act, Retrenchments, Unfair Dismissals
South African labour law strongly protects people employed in South Africa. Furthermore, our courts do not easily give up jurisdiction to foreign courts. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South...
by Ivan Israelstam | Jan 31, 2019 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act (LRA), which is the law protecting employees when a business or a part thereof is taken over. In the case of SAA vs Aviation Union of SA obo Barnes, the...
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,...
