by Ivan Israelstam | Aug 30, 2018 | Labour Law, Labour Law for Employers, Labour Relations Act, Retrenchments
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should consider the retrenchment route only when there is a genuine...
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...
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...
by Ivan Israelstam | May 9, 2016 | CCMA, Labour Law, Labour Law for Employers
Last week I alerted readers to two new labour law amendment acts that came into effect in 2014 and 2015. These acts radically amend the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). As a result trade union and employee rights have been...
by Ivan Israelstam | May 4, 2016 | Corporate, Employees, Labour Law, Labour Law for Employers
In 2011 I alerted readers to four new labour bills set to bedevil employers and likely to further discourage employment. Three of these have now been in place for over a year. The new LRA amendment act has the effect that: members of minority trade unions are able to...