by Ivan Israelstam | Jun 14, 2021 | CONSTRUCTIVE DISMISSAL, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...
by Ivan Israelstam | Jun 7, 2021 | BRIBERY AND CORRUPTION, Corporate, Employees, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Frequently, it is employees...
by Ivan Israelstam | Jun 1, 2021 | Corporate, EMPLOYEE VICTIMISATION, Employees, Labour Court, Labour Law, Labour Law for Employers
It is disquieting how often Court judges and arbitrators disagree with each other about the meaning of legal terms and how they should be applied. In view of these legal uncertainties, employers, employees, and trade unions struggle to understand and are unable to...
by Ivan Israelstam | May 25, 2021 | Corporate, EMPLOYEE EMAILS, Employees, Labour Court, Labour Law, Labour Law for Employers
The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (RICA) came into effect at the end of September 2005. This act places very tight restrictions on employers wishing to monitor telephonic, e-mail...
by Ivan Israelstam | May 19, 2021 | CCMA, Evidence, Labour Court, Labour Law, Labour Law for Employers, Unfair Dismissals
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct, his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee...
