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Ivan Israelstam
Dec 17, 20243 min read
Court Trips Up Employers that Omit Retrenchment Procedure.
When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA)...
5 views
Danielle Geldenhuys
Nov 25, 20243 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...
13 views
Ivan Israelstam
Aug 12, 20243 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...
20 views
Ivan Israelstam
Apr 29, 20243 min read
Confessions Not Always Irrefutable
While it is understandable that some employers assume that employees who confess to misconduct can be automatically fired...
19 views
Ivan Israelstam
Apr 22, 20244 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...
30 views
Ivan Israelstam
Dec 11, 20234 min read
Entrap employees at your peril
Section 188 of the LRA provides, in effect, that the employer is assumed, from the outset of an arbitration hearing or court case, to be...
11 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...
55 views
Ivan Israelstam
Sep 4, 20233 min read
Contractor Takeovers
Important labour legislation applies to circumstances where a business or part thereof is transferred by one employer to another as...
8 views
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...
10 views
Ivan Israelstam
Aug 23, 20233 min read
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...
12 views
Ivan Israelstam
Jul 17, 20233 min read
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...
16 views
Ivan Israelstam
Jul 10, 20233 min read
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...
21 views
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...
35 views
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...
21 views
Ivan Israelstam
Mar 6, 20233 min read
The validity of prior warnings is a vexed issue.
A disciplinary warning is an oral or written statement made by an employer informing the employee that his/her conduct or performance...
19 views
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...
13 views
Danielle Geldenhuys
Aug 12, 20221 min read
Teachers’ right to strike: a comparative study of ILO standards and South African law
Publisher’s summary: “Prior to 1994, black teachers in South Africa were denied the right to strike. This left them vulnerable to...
120 views
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