HEARING CHAIRPERSONS MUST BE IMPARTIAL
Employers too often get rid of employees for reasons unacceptable in law. Some of these reasons include: The employer dislikes the employee for reasons unrelated to the workplace. The owner wants a more […]
Legal blog posts
ARBITRATION FEES ADD INSULT TO INJURY
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA) to carry out labour […]
EMPLOYERS CANNOT HIDE BEHIND THE CORPORATE VEIL
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed. Especially where the employer opens the same business under […]
TRAINEES ARE ALSO EMPLOYEES
Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone, other than an independent contractor who works for another person or who assists in conducting the business of an employer. This […]
VARIATION AGREEMENTS OFTEN CRUCIAL IN BUSINESS TAKEOVERS
Section 197 of the Labour Relations Act (LRA) requires the new employer, in a takeover as a going concern, to take over all the employees of the old employer. A take over of an enterprise […]
EMPLOYEE DEFIANCE AGGRAVATED BY THE LOCKDOWN
South African employees are so heavily protected by the Constitution, by labour legislation, by the Labour Courts the CCMA and trade unions that they are less often afraid to defy the employer’s instructions. For the […]
Career Advice Articles
UNCERTAINTY ON FAIRNESS OF DISMISSING ANTI-VAXERSBY lvan lsraelstam, Chief Executive of Labour Law [Read More]
The Dangerous DozenBY lvan lsraelstam, Chief Executive of Labour Law [Read More]
REPEAL OF COVID RESTRICTIONSBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
EMPLOYERS HAVE TO PROTECT THEMSELVESBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
SOUTH AFRICAN JURISDICTION NETS FOREIGN COMPANIESBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
DON’T BYPASS YOUR OWN DISCIPLINARY POLICIESBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
BEWARE MISUSING FINAL WARNINGBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
COVID NOT ALWAYS A FAIR REASON TO RETRENCHBY Ivan Israelstam, Chief Executive of Labour Law [Read More]
SECOND GENERATION OUTSOURCING: CAN YOU RETRENCH?By Ivan Israelstam, Chief Executive of Labour Law [Read More]
THE COVID RISK ASSESSMENT AND PLANBy Ivan Israelstam, Chief Executive of Labour Law [Read More]