Ivan Israelstam

There are six pieces of legislation that work together to protect the employee and her child from the day the employee falls pregnant until well after the birth of the child. Ivan Israelstam explains what the law expaects employers to do to look after their pregnant employees.

We have represented countless employers taken to court because a manager mishandled a shop floor grievance or disciplinary matter and the employee was unfairly dismissed. ln some cases, because the line manager mishandled the matter, the line manager gets fired for incurring unnecessary legal costs!

While acting as a CCMA arbitrator and as the chairperson of disciplinary hearings over the past years I have noted numerous reasons why employers lose dismissal cases at the CCMA, writes Ivan Israelstam. In many cases the charges should never have been brought in the first place.

Thousands of employers every year land up getting the short end of the stick at the CCMA, bargaining councils and Labour Court, writes Ivan Israelsam. Primarily the reason is unprofessional management of employees at the workplace.

Although Minister Mdladlana is keen to do away with labour broking, employers defer, as "it is one of the last vestiges of flexibility in our labour economy. That is, employers are able to relieve themselves of some of the constraints of labour law by hiring workers through employment agencies and labour brokers," writes Ivan Israelstam.

Even those employers that have religiously and expertly carried out thorough employee reference checks are saddled with three problems, namely South Africa?s Constitution, the International Labour Organisation?s (ILO) Code of Practice and the Employment Equity Act (EEA).

A trade union will be successful in gaining recognition at your workplace if it can prove to you or to the CCMA that it has sufficient representation amongst your employees. The question is, what constitutes sufficient representation?

While the Labour Court is fairly flexible on an employer?s reason for retrenchment, the courts rigidly insist on adherence to retrenchment consultation procedure. Too often, Ivan Israelstam writes, employers suffer the crippling consequences of not following retrenchment law.



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