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Labour Law

person-receiving-termination-letter

It has become a practice by employers to insert automatic termination clauses into employment contracts for reasons including the following:

employee looking stressed

The employment relationship involves two parties - the employer and the employee - and accordingly there are three possible ways in which this relationship can end, or terminate. 

 Labour law provides scant protection for employers. That is the opinion of Ivan Israelstam. This week Ivan explains why he holds that opinion, and gives advice to employers on how he believes they should react, and protect their businesses going forward.

The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [2021] 2 BLLR 181 (LC) put it beyond doubt that issues which fall under section 23 of the Constitution, the right to fair labour practices, are governed by the principles of procedural and substantive fairness. Furthermore, the Court indicated that such issues are primarily dealt with through the Labour Relations Act 66 of 1995 ("LRA").

wine

Working from home has become a normal part of business life, a part that is unlikely to come to a crashing halt any time soon. Within this new normal are casual clothes, comfortable working conditions, as well as less time spent in cars and chatting around the water cooler. These changes are immensely valuable to both employer and employee – boosting morale, productivity and work/life balance.

packing boxes

Very few workplace issues elicit as firmly held views or fears as the topic of constructive dismissal. Whether it is a manager, fearful of doing something wrong and at risk of an employee lodging the dreadful claim of constructive dismissal, or Harvey Spectre wannabes cascading their views on the legal impact of such a claim: say "constructive dismissal" and you have everyone's attention.

What is the value that employees potentially add to a business, or organisation? What should employers do in order to maximise that value? What are the potential financial implications if employers do not follow the guidelines that Ivan Israelstam lays out? Ivan explains further. 

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