Ivan Israelstam May 163 minBeware misusing final warning Employers too often misuse disciplinary warnings or avoid using them at all because they are unsure of how the law allows them to use...
Ivan Israelstam May 93 minCovid not always a fair reason to retrenchDue to state capture loadshedding, unexpected power outages, Covid and maladministration South Africa’s economy is in crisis...
Ivan Israelstam May 33 minCovid not a licence to change employment conditions The Covid state of disaster regulations expired on 15 April 2022. However, these were replaced by...
Ivan Israelstam Apr 253 minCon-arb not always a good idea.The CCMA, from time to time, suffers case backlogs and delays in resolving disputes. One of the reasons for this is the fact that the CCMA..
Ivan Israelstam Apr 194 minSecond generation outsourcing: can you retrench?It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law...
Ivan Israelstam Apr 133 minThe Covid risk assessment and planThe Covid risk plan may include social distancing measures including minimising the number of workers in the workplace through rotation...
Ivan Israelstam Mar 222 minLabour law noose tightens againThe government’s unsatisfactory service delivery record threatens its prospects for the national elections to be held in 15 months’ time...
Ivan Israelstam Mar 223 minExternal representation at disciplinary hearings should be consideredEmployers have normally disallowed external legal representatives to represent accused employees at disciplinary hearings. This is mainly...
Ivan Israelstam Mar 143 minUnderstanding provocation not easyAppended to the Labour Relations Act is The Code of Good Practice: Dismissal. This Code requires an employer to consider a number...
Ivan Israelstam Mar 83 minAssault not always reason to fireEven serious assault might not merit dismissal if the employer is unable to show that the misconduct rendered the employment relationship...
Ivan Israelstam Mar 64 minWhen does a job applicant become an employee?Case law makes it very dangerous for an employer to sign employment contracts before it is certain that there is definitely a job for the...
Ivan Israelstam Feb 203 minBeware of ignoring promotion recommendationsIt's often easier and less expensive to promote an employee into a vacant senior post than to go through the costly and time-consuming...
Adami GeldenhuysFeb 121 minNew earnings threshold published in terms of the Basic Conditions of Employment Act 75 of 1997New earnings threshold in terms of Basic Conditions of Employment Act
Ivan Israelstam Feb 73 minFalse job credentials a frequent realityIn South Africa, where there is heavy competition for jobs it is not unusual for job applicants to deceive prospective employers in order...
Ivan Israelstam Jan 304 minCovid complicates absenteeism problemEven without the effects of Covid absenteeism is a most problematic form of misconduct because it reduces productivity. Most employers there
Ivan Israelstam Jan 273 minTreat probationary employees with cautionEmployers frequently misuse probation agreements to get rid of employees instantly because: the employee has committed misconduct...
Ivan Israelstam Jan 173 minUlterior motives for retrenchments not onWhile all retrenchments are painful and often devastating for employees it is normal, especially during Covid, for employers to retrench...
Ivan Israelstam Dec 17, 20214 minRetrenching Anti-vaxers is RiskyEmployers are, in certain cases, allowed by law to use Retention of Necessary Skills as a criterion instead of Last-In-First-Out. However, p
Ivan Israelstam Dec 13, 20214 minCovid complicates absenteeism problemEven without the effects of Covid absenteeism is a most problematic form of misconduct because it reduces productivity. Most employers there