Features

Leadership skills and organisational ability are required by a union organiser as much as a supervisor or manager. Employer development and promotion policies and practices are likely then to identify someone who is a union member for promotion to a managerial or supervisory position. This week Ivan Israelstam quotes from a Labour Court case, which covers the employee rights and how the employer should handle the apparent conflict of interest.

Do not dilly dally in bringing disciplinary charges. This is the advice of Ivan Israelstam, who explains exactly why disciplinary action should be timeous - not overly hasty, but definitely not long overdue. This week, Ivan explains what to take into account and how to achieve this balance.

President Jacob Zuma will this evening deliver the State of the Nation Address (SONA) to a Joint Sitting of Parliament. The theme for this year’s address is: “The Year of Oliver Reginald Tambo: Unity in Action Together Moving South Africa Forward”.

If an employer assumes that an imprisoned employee has simply dismissed themselves, or absconded, the employer will not be on firm legal ground to dismiss the employee. This week Ivan Israelstam explains how the CCMA and bargaining council commissioners have dealt with such dismissals.

Launched in 2016 by She Leads Africa, a social enterprise that encourages African women to build the businesses and careers of their dreams, SheHive is gearing up for a South African take over like no other this February.

Why do some employers regards employees as an expense rather than an investment to nurture and retain? This week Ivan Israelstam explores the costs to an employer of non-compliance with labour laws, and gives constructive advice to employers on how to adopt a balanced approach.

GirlCode announced that it will introduce The GirlCode Hackathon Workshop Series for 2017.

What should an employer do when an employee is absent from the workplace for an extended period? What is the attitude of the CCMA if an employer dismisses the employee in his/her absence? What constitututes a resignation by an employee? There are many permutations to these questions. This week Ivan Israelstam points to some of the dangers in these cases, and cautions employers not to act in anger or in haste.

The Code of Good Practice on Dismissal (Schedule 8 of the Labour Relations Act) provides the guidelines for employers to follow in disciplinary proceedings. This code does not specifically require "cross-examination" but does provide that the employee must be aware of the allegations against them, to understand them, and be given a chance to state their side of the story - or defence - in response to the allegations.This week Ivan Israelstam explains the meaning of "cross-examination" and provides advice on how employers should proceed.

Mastercard invites women entrepreneurs to enter the JA South Africa Youth Enterprise Development Programme.

Employment Equity requires companies to bring about change in leadership particularly at the higher levels of management where male dominance continues to maintain control

It’s never too early to teach kids how to manage money in addition to nurturing entrepreneurial skills to earn cash. Money management is a life-long skill that everyone needs and what better way to prepare the future generations than parents teaching them financial competencies at an early age?

The South African Constitution provides employees with the right to fair labour practices. Prior to a dismissal decision an employee should be made aware of the allegations against him/her and given chance to be heard on the matter.

When does South African labour law apply? This week Ivan gives us a number of examples where foreign firms thought - incorrectly - that they could do as they please with their employees. No - not so. Ivan demonstrates through a number of cases where these employers made some very serious - and extremely expensive - mistakes. Our courts found that they did have jurisdiction and the defaulting employers paid the employees' costs - in addition to all the other costs.

The South African Medical Association (SAMA) has urged members of the public and healthcare professionals to actively participate in World AIDS Day activities on 1 December.

An average of 142.2 sexual offences are recorded by the South African Police Service (SAPS) in South Africa every day. In 2015/16, more than 50 000 sexual offences were recorded by SAPS in one year, a figure that is thought to be much higher in reality as many victims do not report their attackers.

The winners of Times Media’s Annual Recruitment Awards, the AMARA’s, were announced at a gala event in Sandton.

American Businessman, Howard Schultz, once said: “When you're building a business or joining a company, you have to be transparent; you can't have two sets of information for two sets of people.”

When employers include disciplinary policy, procedures and codes in employment contracts, it is especially important that the employer follow their own documented procedures. Failure to follow their own procedures will call into question the status of the dismissal of employees. In this case Ivan Israelstam details how the Labour Court judge analysed the failures of both the employer, and the CCMA arbitrator, who supported the dismissal.

Strong partnerships are the cornerstone of the Energy and Water Sector Education and Training Authority's (EWSETA’s) success.

Employers are sometimes disappointed and angry that a CCMA arbitration award has gone against them. This week Ivan Israelstam explains why this sometimes occurs, and what the standards are that CCMA Commissioners must meet. Ivan explains how this helps an employer deciding whether they should challenge the award.

Employers would be unwise to assume that just because an employee already has a final written warning on file, that the employer can simply go ahead and process a dismissal. This week Ivan Isralstam explains the complexities to be taken into account - such as the validity of the final written warning.

President Jacob Zuma has withdrawn his application seeking to interdict the Public Protector from publishing an interim report pursuant to an investigation into complaints of improper and unethical conduct by the President and/or officials of state organs due to the alleged inappropriate relationship with members of the Gupta family.

When faced with challenges raised by employees, employers may be tempted to opt for a retrenchment exercise to remove employees who may seem to be too challenging of management authority. This week Ivan Israelstam explains what may genuinely be regarded as an operational requirement and why employers should be careful not to concoct reasons that will not stand up in court.

Benjamin Franklin is quoted as saying; “An investment in knowledge pays the best interest.”

Pages

Subscribe to Features