Advertisement

Ivan Israelstam

Ivan Israelstam explains how a Corona virus KIT of Knowledge, Intelligence, and Teamwork will limit the potential damage not only to physical health, but also the economic health of  workers, employers, and the economy as a whole. 

Last week, Ivan Israelstam explained the personal reasons employers may have to utilise probation to dismiss employees. This week, Ivan describes the alternative action the employers may take - instead of dismissing the employee, the employee is demoted.  This action, equally as with the dismissals, may run into criticism at the Commission for Conciliation Moderation and Arbitration (CCMA). 

This week Ivan Israelstam explains why "James Bond" employers, who use probation to simply dismiss employees - whether they have broken rules, or just simply because they are not popular with the boss, will be tripped up at the Commission for Conciliation Mediation and Arbitration (CCMA).

The retrenchment of a senior management employee will always be a difficult exercise, and all the more reason why the employer should ensure compliance with the Labour Relations Act and Codes of Good Practice, and that the correct procedures are followed. Ivan Israelstam quotes a case where the employer tried to both retrench and disciplline a senior employee.

This week Ivan Israelstam explains what it means when the Employment Equity Act requires that employers should not unfairly discriminate. Examples and cases are used to illustrate how important it is for employers to understand exactly what would constitute unfair discrimination. 

Disciplinary hearings are often held in an emotional environmental, which can lead to decisions being taken - without consideration of all the circumstances.  This week Ivan Israelstam explains exactly what are extenuating circumstances, and answers the question - how important are they to the dismissal decision? 

This week, Ivan Israelstam explains how an employer can inadvertently guarantee an employee further employment - even though their contract states that it is a temporary period of employment. He explains the dangers to employers, who attempt to avoid their labour law obligations, by manipulating employment contracts, for example with fixed term contracts.

What is insubordination, and what does it mean "to obey a reasonable instruction"? This week Ivan Israelstam explains what happened in a case where refusal to obey a reasonable instruction - was the correct response, and the dismissal was unfair.

The section of the Employment Equity Act that prohibits unfair discrimination applies to all employers. Discrimination means making a choice. Ivan Israelstam provides examples of fair and unfair discrimination, and explains what "inherent requirements of the job" mean.

As Ivan Israelstam explains this week, employers may sometimes decide to "get rid of" an employer for reasons of age. However, if the decision does not follow an established, documented, fair, and legal policy and practice, the action could prove not only - very expensive for the employer, but also damaging to the company reputation. 

Pages

Advertisement

Subscribe to Ivan Israelstam