by Ivan Israelstam | Jun 6, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Our labour dispute resolution system often claims jurisdiction over foreign employers. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil. A South African working at a South African-based foreign embassy would...
by Ivan Israelstam | May 30, 2022 | ARBITRATION, CCMA, Corporate, Disciplinary Codes, Dismissal, Employees, EMPLOYERS, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The law makes it essential for employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and who...
by Ivan Israelstam | May 24, 2022 | ARBITRATION, CCMA, Corporate, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
There are many different reasons that employers lose at arbitration despite their confidence that they would win. Some of those reasons include: The case of the employer concerned was weak without him/her realizing it The employer’s case was strong but he/she failed...
by Ivan Israelstam | May 18, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law allows them to use such warnings. In labour law the main purpose of giving warnings is to remind employees of the employer’s standards of conduct and...
by Ivan Israelstam | May 12, 2022 | ARBITRATION, CCMA, CON-ARB, Corporate, COVID-19, Dismissal, HR POLICIES, Labour Court, Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
Due to state capture, loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis. The biggest fallout of this economic weakness is the very high number of retrenchments in this country. Many employers are tempted to use...
