Ivan Israelstam

Newly appointed supervisors and managers do sometimes find difficulty in understanding what is meant by a "fair labour practice". As Ivan Israelstam explains in this article, it is not quite as simple to identify what is unfair as it is to identify what is illegal in criminal law. This article sets out very plainly the questions managers and supervisors should ask themselves to determine whether their actions will be seen as "fair" - or unfair

The word "prejudice" is often used in general conversation. But in labour law the word has more than one meaning, which has implications for the workplace and disciplinary procedures. This week Ivan Israelstam explains the various meanings with actual case examples.

Limiting stock losses and wastage are key strategies for a successful business, particularly in sectors like retail and hospitality. Frustrated employers have sometimes dismissed all employees if they could not find the culprits. This week Ivan Israelstam cautions against taking such actions without advice.

Employers will often complain about all the employee "rights". But do employers make clear to employees what it means to have a fiduciary duty towards the employer? The more senior the employee the stronger the duty to be trustworthy. Ivan Israelstam provides advice to employers in how to protect their business.

Whereas legal documents are usually difficult to understand, labour law is mostly written in plain language - making it accessible to everyone. However the word "reasonable" crops up throughout labour law and what it means causes confusion to many. Ivan Israelstam explains further.

At year end many employees put out their CVs seeking a new job, which they will take up after receiving their bonus. For employers inundated with CVs, it is tempting to take everything at face value rather than check the details. Ivan Israelstam explains the implications when it is found that the employee has misrepresented their information at interview or in their CV.

Employers are usually far too busy running their business to spend much time reading labour law. So what they hear on TV, or read in the newspapers (electronic or hardcopy) probably constitutes what they know about labour law. In this article Ivan Israelstam explains what type of action at the workplace may constitute victimisation.

Employees and union representatives often allege that the presiding officer in a disciplinary hearing is biased. This may simply be a tactic to disrupt the disciplinary proceedings. So it is important that the person making the allegation of bias must be able to provide some evidence of why they allege bias. Ivan Israelstam explains ...

Employers are entitled to set the standards of performance for employees, and employees are required to work to these standards. This does not mean that employers can set unreasonable standards, fail to provide the necessary training or equipment and then think that they can simply dismiss the non-performing employee without comeback. Ivan Israelstam clearly sets out what is expected of employers.

After recruitment and selection it is normal practice to discuss the terms and conditions of the employment offered. Contracts are usually drawn up and signed by both parties before the new employee actually starts work. But what happens if something goes wrong, such as a disagreement about the terms or conditions? May the employer legally terminate the contract? Ivan Israelstam explains the complexities.

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