Features

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). 

Government is taking urgent and drastic measures to deal with the Coronavirus threat including closing all public schools later this week. Click here for full details on Universities and Colleges

Corona virus

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).

Sick

COVID-19 (Coronovirus Disease 2019) has fuelled fear and panic among many people across the globe – often based on misperceptions and unfortunately often against people from Asian descent. 

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.

Women in business often underestimate the value their contribution has towards shaping the future of the South African Economy.

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.

Self-improvement is about developing healthy habits – including ways to improve your career path.

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. 

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.

Disability Rights Awareness

The month will also focus on improved access to universal education, life skills, skills development and training remains a priority for the next five years.

tito mboweni,

Finance Minister Tito Mboweni is getting tough on Ministers as a way to save money, including making them save money by flying economy class.

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