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Where the job itself is permanent it is dangerous to employ staff on anything but a permanent contract. This is firstly because the Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry date. Secondly, case law has gradually narrowed those circumstances under which an employment agreement can legitimately be accepted as a limited duration contract.

Sex related acts not always sexual harassment - that is the outcome of a case Ivan Israelstam examines this week.  This case indicates how important it is to ensure that disciplinary action is taken timeously.  A delay - and allowing the employee to continue working - would indicate that the trust relationship is not broken. Therefore, dismissal may be found to be unfair.

This week Ivan Israelstam explain that the responsibities of larger employer. The bigger the employer, the more that is required before dismissing a sick employee. The case against Standard Bank illustrates how the courts will consider the responsibilities of the larger employers. This is especially a concern where the employee has long service and previously been a good employee. 

New immigration policies are expected to keep skilled professionals living and working in the United Kingdom for longer.

This week Ivan Israelstam expreses the opinion that the "conflicting court decisions on going concerns mean that we don’t know if we are coming or going".  Read on to see why Ivan holds this opinion. Find our what is a transfer as a going concern, and why this definition is so important to contracting companies. 

For 16 days men and women around the world will unite to break the strongholds of abuse over families, communities and nations.

The creative and cultural industries, along with the arts, culture and heritage sectors, are positioned to play a powerful role in shaping, framing, communicating and influencing the future of work as we know it.

This week Ivan Israelstam explains how strikes can damage a company in the long term - way after the strike has concluded, and how employees are also adversely affected. He provides guidance for employers on how to manage a strike and how to go about re-building the employment relationship. 

At this time of year, all employers who are "designated employers" in terms of the Employment Equity Act should be finalising their EE reports (EEA2 and EEA4) for submission before 15th January 2018. Therefore, this week's article by Ivan Israelstam is of great interest.  He explains why a Chinese employee is included for the definition of previously disadvantage, how the cases based upon affirmative action have been decided, and points out the very large penalty for a first offence of non-submission of the EE report.

South African's might be new to the concept of Black Friday but we are veterans when it comes to spotting a good deal.

Ivan Israelstam explains the many ways that communication can go astray between the CCMA and the employer - and the very expensive consequences of the mis-communication.  This week Ivan explains why it is essential for business owners and executives to take labour law seriously and ensure that all management and supervisory levels understand how to manage employees within the law. 

“You can’t manage what you don’t measure.” ~ W. Edwards Deming, scholar and teacher in American academia.

This week Ivan Israelstam uses a dismissal case that went from CCMA, to Labour Court, and finally to the Labour Appeal Court, but the dismissed employee was still re-instated - to explain the importance of handling investigations and disciplinary matters competently, and to ensure that any procedures at CCMA or courts are well prepared.  Above all to avoid emotion.  

In an inaugural address President Kgalema Motlanthe says “It is not uncommon to hear the word ‘crisis’ affixed to our present condition.

The Community survey 2016 results released by Statistics South Africa indicate that over 91 000 girls in South Africa between the ages of 12 and 17 are married, divorced, separated, widowed or living with a partner as husband and wife, with the latter forming the majority of the group.

President Jacob Zuma has signed a proclamation authorising the Special Investigating Unit (SIU) to investigate certain matters regarding the Public Service Sector Education and Training (PSETA).

This week Ivan Israelstam explains why it is necessary to ensure that no names with racial meanings are used at the workplace. Also why it is important that employers investigate any allegations of racism at the workplace. Decisions of the Labour Court and a Bargaining Council provide good guidance.

This week Ivan Israelstam pays attention to the use of labour brokers and temporary employment service agencies (TES). There are many reasons why employers make this decision on how to fill their company needs. But are there risks to using these services, instead of employing people on the company payroll as permanent employees? Read on for further details.  

The Air Traffic and Navigation Services (ATNS) SOC Limited calls all youth innovators to be a part of their prestigious AVI Afrique 2017 Awards Ceremony, which is taking place in Johannesburg, on 25 October 2017. Contestants from all over South Africa can enter and stand a chance to be crowned for their innovative excellence in the aviation sector.

This week Ivan Israelstam covers disciplinary hearings. What should an employer take into account when an employee does not attend a disciplinary hearing, and what does the law say about employees who deliberately try to delay the disciplinary hearing from proceeding? 

In South Africa there is much talk about assisting the development of small businesses and encouraging entrepreneurship by means of creating much needed jobs, access to markets and equity.

Some employers may assume that illegal immigrants or employees without work permits have no legal rights in South Africa. This view may lead employers to mistreat staff, who are vulnerable because the employer believes that such employees have no recourse to labour law. This week Ivan Israelstam explains that employers should take note that this view is incorrect and why it is ill-advised. 

As the Bell Pottinger scandal dies down, the Public Relations industry in South Africa is reeling to pick up the pieces, says Regine le Roux, Managing Director of Reputation Matters.

The Thari Programme for the support of Women and Children, is a ground-breaking initiative designed to provide safe places for vulnerable children, youths and women that are inclusive, free from violence, academically effective, gender sensitive,

This week Ivan Israelstam looks at the cases of alleged sexual harassment.  Questions answered are: how should an employer respond to sexual harassment allegations by an employee, and what are the obligations placed upon an employer?   

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