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It is legally risky for employers to fire an employee for using alcohol or drugs. This is because, where the employee is addicted, he/she is legally classified as being ill and is protected by law.

 

 

Many organisations experience hostility between employees for a number of reasons: favouritism, nepotism, affairs, jealousy over promotions, power struggles, sexist, racist, or bigoted behaviour - are just some of the situations. An employer may believe that the easist way to solve the problem is simply to dismiss the employees involved. This week Ivan Israelstam explains how this approach may backfire. 

 

Data literacy is a critical component of success in the modern world. What is the use of innovative tools if users don’t understand how they function?

Annual statistics for top leadership placements show that South African companies are taking gender transformation more seriously than ever before, with more women than men landing management and senior leadership roles for the first time last year.

 

 

The benefits of women in the workplace are even greater than originally thought, according to a new study by the International Monetary Fund. 

This week Ivan provides examples from decided cases of what would not be sufficient to justify dismissal, or make the continued employment relationship intolerable. This is compared with how the Labour Appeal Court has approached allegations of racism, or racist language as:  “an anathema to sound industrial relations and a severe and degrading attack on the dignity of the employees in question”. 

Did you know that JK Rowling was turned down by the twelve largest publishers when she presented her first Harry Potter draft to them? It was a small publisher called Bloomsbury who eventually accepted it

There are a number of reasons why an employer might find a mutually agreed termination more time effective or efficient than other disciplinary procedures.  However, the employer should be very careful not to confuse a retrenchment situation - with very specific procedural requirements - and a genuine mutually agreed termination of the employment relationship. Importantly, such an end of the contract is not legally classed as a dismissal. Ivan Israelstam explains.

Do search engines and other online innovations have the power to redefine professional relationships across industries?

This week, Ivan Israelstam uses examples of cases from the CCMA, the Labour Court and the Labour Appeal Court, to explain how decisions can be overturned from one court to the other. Ivan explains why it is important for employers to have an understanding of the pattern of decisions, to understand what is clearly decided, and what is still uncertain - in order to be able to identify what is relevant to their own cases. 

International Women’s Day has a provocative theme this year – Balance for better and encourage action. Presumably, balance is currently poor and action is needed for women to reach their goals.

What is a conflict of interest, and may an employer dismiss an employee if there is a conflict of interest? This week Ivan Israelstam explains exactly what is required before a dismissal for conflict of interest will be sustainable at the CCMA. 

Don’t underestimate the power of trade unions. That is the advice of Ivan Israelstam. How should shop stewards be treated? Is it possible to discipline shop stewards? Are there additional requirements before disciplining a shop steward? Is it possible to dismiss a shop steward? This week Ivan explains the rights and responsibilities of shop stewards, and uses an example of a shop steward dismissal he defended successfully at CCMA.

South Africa will reach the fiscal cliff by 2042 if it does not change its ways and back up the budget speech with concrete actions,

When an employer is faced with an employee who fails to perform, the Labour Relations Act sets out specific requirements to be fulfilled before the employer contemplates dismissal. These requirements are followed by a fair procedure. This week Ivan Israelstam explains what the requirements are, and how poor performance should be handled. 

Strikes are disruptive to companies and are costly to employers and employees. This week Ivan explains why private arbitration can be very beneficial in preventing strikes, and he explains the limitations of the CCMA and bargaining councils in dealing with issues.

Accelerating inclusive economic growth and improving the education system are among some of the urgent tasks that President Cyril Ramaphosa has set as government’s work for the year ahead.

It will be lights, camera, and action this evening as President Cyril Ramaphosa takes to the podium in the National Assembly in Parliament to deliver his second State of the Nation Address (SONA).

It’s all systems go for President Cyril Ramaphosa’s State of the Nation Address (SONA), to be delivered at 7pm on 07 February 2019.

Are there different requirements for disciplinary action against a shop steward, and if so - what are the differences? That is the question Ivan Israelstam addresses this week. Essentially not all infractions by a shop steward would amount to gross misconduct. One example is the shop steward's position during negotiations - in that forum the shop steward addresses management as an equal. So using strong terms to reject management's proposal would not be insubordination. Ivan quotes cases to explain the differences between dismissing a shop steward and dismissing an employee.

When an arbitrator finds that an employee as been unfairly dismissed, the award will require the employee to be re-instated - unless there are conditions preventing reinstatement. This week Ivan Israelstam indicates the practical and psychological implications for the employer of having a re-instated employee within the workforce.

The start of a new calendar year is a good time for employers to review company policies and procedures. This week Ivan Israelstam explains the value of a disciplinary code to set out the rules of the employer. The employer should then ensure that all management and employees are trained in the interpretation of the rules. Employees need to be educated in the implications and sanctions if they break the rules.   

Most people associate the upcoming festive season with feelings of happiness, celebrations, relaxation and an opportunity to spend time with our loved ones.

There will be no annual salary increases for the Deputy President as well as Cabinet Ministers at a time when the economy is experiencing hardships, President Cyril Ramaphosa has determined.

Businesses - or part of a business - are taken over by new concerns, or required services are outsourced. Then the service provider may be replaced by a second service provider. When do these business transfers fall under section 197 of the Labour Relations Act? Ivan Israelstam explains why it is so important to understand what business transfers are defined as transfers as a going concern.  

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