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Ivan Israelstam
6 days ago3 min read
Court Trips Up Employers That Omit Retrenchment Procdure.
When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA)...
2 views
Danielle Geldenhuys
Nov 253 min read
Labour law tighrope shaken by invalid rule dismissals.
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on...
5 views
Ivan Israelstam
Sep 183 min read
Silence can mean consent!
The Labour Relations Act (LRA) gives the Labour Court and Labour Appeal Court numerous and strong powers to make decisions relating to...
16 views
Adami Geldenhuys
Sep 94 min read
Events Calendar for 2024
A list of events on legal matters in South Africa, including webinars, seminars, conferences...
1,845 views
Ivan Israelstam
Aug 123 min read
Don’t Charge Employees Without Proof of Misconduct
Labour law heavily protects employees from unfair dismissal. Section 188 of the LRA effectively provides that a dismissal will be unfair...
15 views
Ivan Israelstam
Jul 153 min read
Defiance of awards can be costly
Conciliation is a process used by the CCMA and bargaining councils to enable the disputing parties to settle the matter amicably without...
4 views
Danielle Geldenhuys
Jul 41 min read
Labour Litigation & Dispute Resolution. – Juta, 2024.
Grogan, J. Labour Litigation & Dispute Resolution. - Juta, 2024.
18 views
Ivan Israelstam
Apr 293 min read
Confessions Not Always Irrefutable
While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...
17 views
Ivan Israelstam
Apr 224 min read
The LRA And Unfair Labour Practices
The Labour Relations Act (LRA) does not define the meaning of “unfair” but describes “Unfair labour Practice” as “any unfair act...
28 views
Ivan Israelstam
Apr 154 min read
Unfairness Is An Elusive Concept
Despite the fact that the CCMA and Labour Courts judge employers on the fairness of their actions in respect of employees the...
10 views
Ivan Israelstam
Mar 53 min read
Employees are required to be trustworthy
Since 1995 South African employees have had very strong labour law rights. These include, amongst others, the right to join trade unions...
19 views
Ivan Israelstam
Jan 293 min read
Beware of firing poor performers
Employee work performance is a key requirement for the operational success of businesses and other workplaces in South africa...
16 views
Ivan Israelstam
Jan 104 min read
Suspend employees with care
There is a very big and clear difference between a suspension and a dismissal. A dismissal brings the employee’s employment to...
10 views
Ivan Israelstam
Nov 20, 20234 min read
Accused employees have the right to challenge the evidence against them
Every employee who is charged with workplace misconduct has the legal right to challenge all the evidence brought by the employer...
48 views
Ivan Israelstam
Nov 17, 20233 min read
Court findings drive employers to drink
The Rustenburg Platinum finding and the Shoprite Checkers finding that I discussed in previous articles show that arbitrators and judges...
17 views
Ivan Israelstam
Oct 30, 20233 min read
There are degrees of dishonesty
The law does allow employers to dismiss employees for dishonesty. This is because dishonesty can destroy the ability of the employer...
30 views
Ivan Israelstam
Oct 23, 20234 min read
Good faith consultation is obligatory for retrenchments
The Labour Relations Act (LRA) makes it obligatory for employers that are contemplating retrenchments to first consult about this...
14 views
Ivan Israelstam
Oct 4, 20233 min read
Fixed-term employment contracts not always appropriate.
The Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry....
14 views
Ivan Israelstam
Sep 18, 20234 min read
Deal with misconduct expeditiously
The adage that justice delayed is justice denied applies to labour law in the sense that employers that act too slowly can be found to be...
25 views
Ivan Israelstam
Sep 12, 20233 min read
Beware firing genuinely sick employees
It is a major challenge for employers to distinguish between employees who are genuinely sick from those who are malingering...
16 views
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