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Labour Law

Employers Must Jack Up Retirement Policies

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. Employers too often try to remove their older employees from employment in order to ‘make way for new blood’ or because such employees sometimes move more slowly or…

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Beware Victimising Workplace Grievants

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. Website: www.labourlawadvice.co.za. All grievances should be treated with great care in order to establish their validity and to ensure that they are given appropriate attention.  Some employers are too soft and…

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Treat Workplace Disruptions With Care

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of…

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Labour Brokers: The Meat In The Labour Law Sandwich

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem…

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Employees Who Blow The Whistle Are Protected

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question…

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The Powers of CCMA Commissioners

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. Website: www.labourlawadvice.co.za. In the interests of resolving labour disputes CCMA commissioners have been given a wide variety of powers including the power to: Subpoena witnesses and documents On authorisation, enter and…

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Beware of Using Retrenchment to Get Rid of Undesirables

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. As a result of South Africa’s highly restrictive labour legislation employers threaten to close down their businesses. But it is not necessary for employers to take such drastic steps merely because…

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BCEA and LRA Gang Up On Employers

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the…

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Without Proof Your Case Goes Poof!

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. To have a chance of winning a case at CCMA a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters parties argued their cases before me very vehemently,…

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Get The @#&*!!Ä€» Out Of My Face!

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za When an employer temporarily requires an employee to vacate its premises and to stop performing his/her duties this is called ‘suspension’. The effect of a suspension is that…

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