Labour Law

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In business, a poorly-run and inefficient payroll division is a serious risk to a company
but a highly trained payroll administrator means a legally compliant business as well as
happy
and motivated staff.


Recently employers have suffered a spate of losses at CCMA and bargaining councils
in cases relating to fixed-term contracts. The reason for this is that employers do
not understand the legal purpose of fixed-term contracts and the circumstances
under which they are safe to implement or terminate.


How should managers deal with incompatibility in the workplace? While the legal
meaning of incompatibility can be stretched to include an employee’s inability to fit in
with corporate culture it cannot be stretched to include the straightforward breaking
of the employer’s rules.


The Labour Courts are most intolerant of employers who do not follow their own
disciplinary policies and who cannot justify their dismissal decisions based on the
facts of the case at hand.


Employers should not assume that they can hide behind foreign incorporation or
foreign workplaces. Instead they should always first obtain expert labour law advice
before taking any action against employees regardless of where the employee works
or where the employer is based.


The law does not protect employers from unfair acts of employees. "The
fact is that, if employers cannot rely on the law for protection, they must protect
themselves" - Ivan Israelstam.


A "labour law remedy? is the action, via formal order, that the CCMA, bargaining council, Labour Court, Labour Appeal Court or private arbitrator can take against the employer to correct an unfair labour practice or an unfair dismissal. Ivan Israelstam explains that employers should pay close attention to the remedy given as this can have a severe effect on the employer?s financial or operational circumstances.


The latest figures from the CCMA suggest that up to 75% of its caseload relates to unfair dismissal claims. But there are easy steps for employers to ensure they follow the correct dismissal procedures - Work-In-Solutions and Equity (Wise) have some guidelines to save you a day in court.

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