by Ivan Israelstam | Feb 15, 2016 | CCMA, Employees, Labour Law, Labour Law for Employers
Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions. A distinction should be drawn between an interdict and a writ....
by Ivan Israelstam | Nov 2, 2015 | Corporate, Employees, Labour Law, Labour Law for Employers, Retrenchments, Tools
Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart...
by Ivan Israelstam | Oct 19, 2015 | CCMA, Labour Law, Labour Law for Employers, Retrenchments, Training
Early last year I informed readers of the CCMA’s decision to draft a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines were implemented in January 2012. The stated purpose of these guidelines is...
by Ivan Israelstam | Oct 5, 2015 | CCMA, Corporate, Labour Law, Labour Law Debate with Ivan Israelstam, Labour Law for Employers, Training
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had...
