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 26
- 3 min
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...
4 views
Danielle Geldenhuys
- Jul 4
- 1 min
Labour Litigation & Dispute Resolution. – Juta, 2024.
Grogan, J. Labour Litigation & Dispute Resolution. - Juta, 2024.
17 views
Ivan Israelstam
- Apr 15
- 4 min
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...
9 views
The Lexinfo Team
- Mar 8
- 3 min
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.
84 views
Ivan Israelstam
- Nov 17, 2023
- 3 min
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...
16 views
Ivan Israelstam
- Oct 23, 2023
- 4 min
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...
14 views
Ivan Israelstam
- Aug 28, 2023
- 3 min
Strikes are a symptom of discord
The Cape Town taxi strike created severe harm to employers, employees and the taxi industry alike...
10 views
Danielle Geldenhuys
- Aug 21, 2023
- 2 min
NEW: Labour Litigation and Dispute Resolution. – 4th ed.
Grogan, John. Labour Litigation and Dispute Resolution. – 4th ed. – Juta, 2023...
152 views
Ivan Israelstam
- Aug 6, 2023
- 3 min
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...
12 views
Ivan Israelstam
- Jun 26, 2023
- 4 min
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...
13 views
Ivan Israelstam
- Jun 12, 2023
- 3 min
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...
7 views
Ivan Israelstam
- Jun 7, 2023
- 3 min
Destruction of trust relationship cannot be assumed.
Every employer and every employee has the right to expect that the other is trustworthy...
33 views
Ivan Israelstam
- May 29, 2023
- 3 min
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
- May 22, 2023
- 3 min
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...
16 views
Ivan Israelstam
- May 1, 2023
- 3 min
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...
5 views
Ivan Israelstam
- Apr 3, 2023
- 3 min
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...
41 views
Ivan Israelstam
- Mar 13, 2023
- 4 min
Automatic termination clauses dangerous
It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:
13 views
Ivan Israelstam
- Feb 20, 2023
- 3 min
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...
25 views
Ivan Israelstam
- Feb 13, 2023
- 3 min
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
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