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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.  

This time of the year is filled with energy and anticipation. By now, it’s become almost impossible to go through the mall without hearing Christmas songs, the anticipation for the holiday season is mounting, and the countdown is going fast. 

I can never be disappointed in a year that made me a grandfather. Nor can I be upset with a year that allowed me to turn 50 in good health and surrounded by cherished family and friends. But that aside, 2018 was not for the feint of heart.

President Cyril Ramaphosa has added Stella Ndabeni-Abrahams to his Cabinet as the Minister of Communications.

President Cyril Ramaphosa will later today announce changes to the National Executive. 

Black Friday has become synonymous with frantic shopping and South Africa local retailers have definitely seized the opportunity to make it the biggest shopping day of the year.

“The true measure of any society can be found in how it treats its most vulnerable members.”-vh Mahatma Gandhi

 

 

Public Works Minister Thulas Nxesi says the Expanded Public Works Programme (EPWP) is designed to help mitigate some of the effects of poverty, unemployment and contribute to plugging a major gap in the social security net.

This week Ivan Israelstam explains why it is important for an employer not only to refer bribery and corruption activities to the SAPS, but also to conduct an internal disciplinary hearing before terminating the services of an employee. 

Often synonymous with Hollywood blockbuster movies and technological developments of a distant future, drones have shaken off stereotypical thoughts that they only belong on the big screen.

Not only employers, but also union officials and employees sometimes wonder what the words in the employment legislation mean. This is also seen in differences between the Labour Court and the CCMA and bargaining council arbitrators. This week Ivan provides examples of how the different acts aren't always clear.  

31 October is World Savings Day, a day we like to use to highlight the importance of money management.

'Procurement irregularities' has taken 3rd place on Corruption Watch SA's Corruption Report 2017 (CRW2017). Coming in at 12% of the reported types of corruption,

All employers need to be aware of RICA. This week Ivan Israelstam explains what RICA is, and what the implications are for employers who want to intercept an employee's emails, or listen to phone calls. What are the implications if an employer simply goes ahead without understanding the legal constraints?

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