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Beware Of Default Awards
If an employer fails to attend an arbitration hearing the CCMA has the power to issue a default award in favour of the employee...
Ivan Israelstam
Aug 23, 20233 min read
13 views


Disciplinary skills are essential
I too frequently receive frantic requests from employers to help them get rid of an employee at all costs. In the midst of their panic...
Ivan Israelstam
Aug 14, 20233 min read
6 views


Don’t fabricate racism allegations
It is well known that South Africa’s Constitution, the Equality act and the Employment Equity Act all render racism unlawful...
Ivan Israelstam
Aug 6, 20233 min read
12 views


Beware mistreating undocumented foreigners
The ability to get away with breaking the law has encouraged many employers to mistreat undocumented foreign people employed by them...
Ivan Israelstam
Jul 17, 20233 min read
17 views


Failure to promote employees can be unfair
The Labour Relations Act (LRA) provides for employees who have been passed over for promotion to lodge an unfair labour practice dispute...
Ivan Israelstam
Jul 10, 20233 min read
23 views


The arbitrator’s decision is not always final!
The code of good practice that regulates the conducting of misconduct dismissal arbitrations increases the obligation on commissioners to...
Ivan Israelstam
Jun 26, 20234 min read
17 views


Don’t dismiss due to 3rd party pressure
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on...
Ivan Israelstam
Jun 12, 20233 min read
7 views


Destruction of trust relationship cannot be assumed.
Every employer and every employee has the right to expect that the other is trustworthy...
Ivan Israelstam
Jun 7, 20233 min read
36 views


Substance addiction must be treated as an illness
Section 6 of the Employment Equity Act prohibits unfair discrimination against employees on the grounds of disability or illness...
Ivan Israelstam
May 22, 20233 min read
19 views


Navigating the labour relations resolution system
In 1995 South Africa’s old Labour Relations Act was scrapped and replaced by the Labour Relations Act of 1995 (LRA)...
Ivan Israelstam
May 15, 20233 min read
15 views


Interdicts, disciplinary hearings and representation
A distinction should be drawn between an interdict and a writ. This is because a writ is issued...
Ivan Israelstam
Apr 16, 20233 min read
23 views


Management shares responsibility for poor conduct
Exceptional employees exist who always manage their own conduct and seldom need to be managed. However, most employees do need to be...
Ivan Israelstam
Apr 11, 20233 min read
18 views


Cross Examination at Disciplinary Hearings
The purpose of workplace disciplinary hearings is to enable the chairperson of the hearing to hear, from both sides, evidence relating...
Ivan Israelstam
Apr 3, 20233 min read
50 views


Beware disciplining employees for off-site misconduct
What rights do employers have to discipline employees for misconduct perpetrated outside the workplace?...
Danielle Geldenhuys
Mar 20, 20233 min read
14 views


Firing the lot could put you in a spot.
Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible...
Ivan Israelstam
Mar 1, 20233 min read
18 views


Beware suspending employees without just cause
Angry employers too often fire employees on the spot for having broken workplace rules, or for doing poor work...
Ivan Israelstam
Feb 20, 20233 min read
26 views


Labour law provides few employer protections
South Africa’s Labour Relations Act of 1956 was replaced soon after the transition of government in the mid 1990s...
Ivan Israelstam
Feb 8, 20233 min read
16 views
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