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Ivan Israelstam

What is the value that employees potentially add to a business, or organisation? What should employers do in order to maximise that value? What are the potential financial implications if employers do not follow the guidelines that Ivan Israelstam lays out? Ivan explains further. 

Absent employees do constitute a problem for employers, particularly is the absence is frequently repeated. The employer is required, however, to ensure that the rights of absent employees are adhered to - before dismissing them from the company. Ivan Israelstam explains that the courts have repeatedly confirmed - an employee cannot dismiss themselves. So before taking the decision to dismiss an employee, it is necessary for employers to do everything possible to make contact with the absent employee, and to advise them of their rights to a hearing. 

This week Ivan Israelstam expresses his interpretation of Code of Good Conduct: Dismissal; that is: Schedule 8 of the Labour Relations Act (LRA). While cross examination is a constitutional right afforded to accused persons in courts of law, and extended to bargaining council and Commission for the Conciliation Mediation and Arbitration (CCMA) arbitrations, it is not clear whether this right extends to disciplinary hearings. Ivan explains his view of whether the Code provides for cross examination at disciplinary hearings.  

Ivan Israelstam quotes from two cases of the same employer, with similar facts, but with different outcomes. Read carefully the facts that Ivan lays out to see how you would have acted in your company. 

This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. The employee "self-dismissal" was found to be both procedurally and substantively unfair.

This week Ivan Israelstam provides his interpretation of the Constitutional section of the Bill of Rights providing that "Everyone is equal before the law". Does "Everyone" include a juristic person - that is an employer. He goes on to explain how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court have responded to his opinion.

Can a foreign company operating in South Africa claim that the Head Office dismissed the employee, and so South African labour law does not apply? This is just one of the questions addressed by Ivan Israelstam regarding foreign employer companies; and South Africans working in foreign countries - whether for South African employers, or for foreign employers. 

This week Ivan Israelstam explains exactly why employers who have disciplinary procedures - and put those disciplinary procedures in the employee's contract - need to make absolutely sure that they follow exactly the procedures that have been set out. The Labour Court will take a dim view of employers who simply make minimal effort to ensure that the procedures are followed.

How should arbitrators come to their decision in matters put before them at the Commission for Conciliation Mediation and Arbitration (CCMA). What factors should they take into account? Are the arbitrators obliged to explain their decision, and provide reasons for their decision? Does PAJA - the Promotion of Administrative Justice Act cover matters at the CCMA? This week Ivan Israelstam covers all these questions.

"I'll give you a warning". That is something heard by employees, when a supervisor or manager makes the statement as a threat because they are frustrated with the behaviour or non-compliance of an employee. This week Ivan Israelstam explains exactly how warnings should be viewed, and when different levels of warning are appropriate. 

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