Investigation is an art and a science.
Employers often fail to investigate allegations of misconduct or poor performance properly because they are busy, because of feelings of...
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Ivan Israelstam
Aug 263 min read
Dismissing union activists can shake the labour law tightrope
The rights of workers to join trade unions and to participate in their activities is heavily protected by the Constitution and by the...
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Danielle Geldenhuys
Jul 41 min read
Labour Litigation & Dispute Resolution. – Juta, 2024.
Grogan, J. Labour Litigation & Dispute Resolution. - Juta, 2024.
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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...
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The Lexinfo Team
Mar 83 min read
Legal Updates from 4 to 8 March: What You Need to Know
This complimentary weekly update includes a small selection of content from our paid subscription-based newsletters and latest blog posts.
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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...
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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...
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Ivan Israelstam
Aug 28, 20233 min read
Strikes are a symptom of discord
The Cape Town taxi strike created severe harm to employers, employees and the taxi industry alike...
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Danielle Geldenhuys
Aug 21, 20232 min read
NEW: Labour Litigation and Dispute Resolution. – 4th ed.
Grogan, John. Labour Litigation and Dispute Resolution. – 4th ed. – Juta, 2023...
160 views
Ivan Israelstam
Aug 6, 20233 min read
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...
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Ivan Israelstam
Jun 26, 20234 min read
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...
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Ivan Israelstam
Jun 12, 20233 min read
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...
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Ivan Israelstam
Jun 7, 20233 min read
Destruction of trust relationship cannot be assumed.
Every employer and every employee has the right to expect that the other is trustworthy...
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Ivan Israelstam
May 29, 20233 min read
Don’t mess with pregnant employees
South African law provides heavy protection for pregnant employees, and does so via numerous pieces of legislation. Included in this...
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Ivan Israelstam
May 22, 20233 min read
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...
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Ivan Israelstam
May 1, 20233 min read
Employers can drown in their redundancy pools
Due to the fact that some employers are unskilled in dealing both effectively and legally with poor performance or misconduct they look...
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Ivan Israelstam
Apr 3, 20233 min read
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...
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Ivan Israelstam
Mar 13, 20234 min read
Automatic termination clauses dangerous
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:
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Ivan Israelstam
Feb 20, 20233 min read
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...
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Ivan Israelstam
Feb 13, 20233 min read
Employees who blow the whistle are protected
The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the...
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