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Ivan Israelstam

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. 

This week Ivan Israelstam explains what these terms of the Labour Relations Act section 213 mean - economic, technological, structural or similar needs of the employer.

When business conditions change, employers may want to change the terms and conditions of employment of the employees. This week Ivan Israelstam explains what employers should not do in these circumstances. 

This week Ivan Israelstam answers these questions: What is a Con-Arb, and how does it differ from conciliation and arbitration? What the implications if an employer receives a notification for a Con-Arb at the CCMA? How should an employer respond to a notice of Con-Arb? Can an employer object to a Con-Arb?  

Over the last few decades, many companies have transferred parts of a business to another company, which continues to provide a service to the original company. Transfers of the employees takes place under Section 197 of the Labour Relations Act. If the company subsequently decides to cancel that arrangement and appoints another company to provide the service, do all of the employees move over again? Ivan explains the complexities and implications of this question.

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