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Ivan Israelstam

Employers range between those, who are over-sympathetic towards employees, and those who feel they have no responsibility at all, to deal with employee grievances. Ivan Israelstam explains that although there is no statute, that requires exployers to handle employee grievances, it is always advisable for employers to investigate the full circumstances of the grievance, and not to pre-judge based upon the person who is lodging the grievance.   

For employers, any form of workplace disruption causes concern and frustration. Ivan Israelstam explains why it is important that employers do not respond emotionally to such disruptions, and only respond once their actions have been carefully considered.

This article explains the challenges labour brokers experience, when the employer refuses to accept the person, who has been placed at their site.

Ivan Israelstam

Although there is a formal Code of Good Practice for Dismissal it is also possible to have a less formal approach to disciplinary procedures in certain circumstances.

"Whistleblowing" - not the making of noise with a little mouth toy - making a report, which "exposes secretive information or activity that is deemed illegal, unethical, or not correct within a private or public organization" (Wikipaedia definition). What are the consequences of an employee making a report about something happening reporting on administrative, or other actions, which are being carried out in the organisation, or institution of their employer? Ivan Israelstam explains how the Protected Disclosures Act, protects whistleblowers, but also how employers are protected.

Employers and trade union officials, who present matters at the CCMA, will be interested in the list of powers, which Ivan Israelstam has listed.  Questions are answered, such as: Is the CCMA Commissioner empowered to overturn a dismissal decision?  

Two important issues are raised his week by Ivan Israelstam - first that employers should not use retrenchment as an excuse to deal with their failure to manage employee performance, and when conducting restructuring and retrenchment exercises, there are clear steps to be followed to consult with employees - these include consultation, information sharing, and consideration of alternatives. For details on the requirements - see Labour Relations Act sections 189 and 189A, and the Code of Good Practice on Operational Requirements Dismissals.

Ivan Israelstam explains in detail employee rights in terms of the Basic Conditions of Employment Act (BCEA), and how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court may approach disputes, which combine BCEA disputes, with matters under the Labour Relations Act (LRA), such as unfair dismissal disputes.   

This week, Ivan Israelstam lays out the procedures for an arbitration hearing, and the explains why it is critical to present evidence to support your case. 

What is required to suspend an employee from work?  This week Ivan Israelstam explains how employers can cause themselves very expensive problems by losing their temper and treating employees unfairly.  

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