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Ivan Israelstam

This week Ivan Israelstam lists the type of services that employers can expect from a labour law expert, and what qualifications a reputable lawyer or consultant should hold.

Ivan Israelstam

A very topical question this week. Ivan Israelstam provides his assessment of why business owners and managers will want to have everyone vaccinated, and he addresses the legal questions - the rights afforded to individuals by our Constitution.  How will these be balanced against the requirements that employers provide a safe working environment? Ivan notes that section 36 of the Constitution may reasonably limit the individual rights.  

This week, Ivan Israelstam starts the 2021 year with a question on disciplinary hearing procedures. What is hearsay evidence? What is the consequence of using hearsay evidence? Is hearsay evidence ever acceptable?  

One of the reactions of employers to difficult economic times is often to "restructure" - to reduce the number of positions in the company and retrench the newly surplus staff. Ivan Israelstam explores the legal requirements and pitfalls to avoid.

South African labour law - often criticised for restricting recruitment because employers believe that they cannot dismiss an employee. Whereas, as Ivan Israelstam points out, investing the time and money into good quality training on labour law for management, will pay off many times over in costs saved from adverse CCMA and Bargaining Council decisions.

This week, Ivan Israelstam sets out what the term "dereliction of duty" means. He explains why it is important for management to use the term correctly, neither to come on too strong against an employee, when other factors could explain events, nor to be too soft when the allegation of dereliction of duty would be correct.

Retrenchment exercises are defined as dismissals for operational requirements, and may be contemplated by employers for economic, structural, or technological reasons. During the difficult economic times of the COVID-19 pandemic, employers may be contemplating retrenchment of employees. This week Ivan Israelstam lays out the requirements for large scale retrenchments - with the definition of constitutes large scale.  

This week Ivan Israelstam explains how the Labour Relations Act (LRA) affects labour brokers. The LRA refers to a Temporary Employment Service (TES) - that is a labour broker. Therefore, Ivan explains exactly how this can affect the labour broker adversely, when they try to dismiss one of their employees. 

This week Ivan Israelstam explains the history of a case, which went all the way through to the Constitutional Court. The case concerned employers' rights over dismissal decisions. Ivan explains the final outcome.

Employees do sometimes lay frivolous and vexatious claims against employers at the CCMA.  However, employees who do so may be ordered to pay the employer's legal costs. Even so, the employer should not give employees easy claims by failing to behave legally and responsively; and should definitely not underestimate the importance of preparing a response - even if the employees claims are spurious.

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