Features

Employees may be hired on a variety of different forms of contract. This week Ivan Israelstam explains what the implications of the various contracts are, when employers are not happy with employee performance and seek to terminate the contract. 

There are a number of ways that employers attempt to avoid agreeing permanent contracts with employees, for example: the use of fixed term contracts, or contracting with labour brokers to provide workers. Ivan Israelstam suggests that these actions are a reaction to difficulties in the ability of employers to dismiss permanent employees. He quotes cases to illustrate this point. 

Research shows that having women in leadership roles helps companies perform better financially, and companies in Africa have certainly adopted this approach. 

No country can flourish by neglecting the potential of its women workforce. With economic liberalisation and globalisation, the number of women entrepreneurs is increasing globally.

Public Enterprises Minister Pravin Gordhan says after Denel announced that employees would only receive 85% of their salaries due to financial constraints, a lender has come to the entity’s aid to ensure it pays staff their full salaries.

When is a dismissal justified - and what circumstances need to be taken into account before an employer decides to dismiss an employee? Various courts have confirmed that the circumstances do matter. So it is not possible to simply state X action requires dismissal. Ivan Israelstam provides examples to illustrate how an employer should consider all the circumstances before coming to a decision.  

In a speech delivered at a time of great economic difficulty, President Cyril Ramaphosa has announced seven priorities that will fast track South Africa’s path to prosperity.

President Cyril Ramaphosa will address the nation this evening where he will outline his vision for the country and announce the government’s programme of action for the next five years.

The key document for employers to follow when taking disciplinary action, is the Code of Good Practice: Dismissal (The Code), contained in Schedule 8 of the Labour Relations Act (LRA). This should be read in conjunction with the employer's own Disciplinary Procedure. This week Ivan Israelstam uses cases to explain the difficulties that arise should an employee request to be represented by a lawyer at the internal disciplinary enquiry. 

There are a number of reasons why employers might suspend an employee. This week Ivan Israelstam deals with these questions: What are the reasons for suspension? What are the risks associated with each reason?

Taxpayers with an annual income not exceeding R500 000 will no longer be required to submit tax returns. 

This week Ivan Israelstam explains the background to the Commission for Conciliation Mediation and Arbitration (CCMA) Guidelines. What is the purpose of publication of the guidelines, and what are some of the important items included in the document? The guidelines are intended to ensure greater consistency in Commissioners' arbitration decisions, and meet the Constitutional right of employers to fair administrative action. In conclusion, Ivan reinforces that the onus to prove a fair dismissal rests with the employer.  

Technology has changed the game and every industry and sphere of life has been affected. Even our language has been forced to make room for new words and terms that describe the digital world we now live in.

The CCMA Guidelines: Misconduct Arbitrations (The Guidelines) states that it is not unfair for employers to use third parties such as attorneys to chair disciplinary hearings. However, these highly important guidelines do not give disciplinary hearing chairpersons the right to conduct such hearings in a biased manner. The Guidelines oblige Commissioners to assess whether workplace dismissals are fair or unfair, and it is difficult to see how such dismissals can be fair if the presiding officer is biased and if it is shown that such bias results directly in prejudice to the employee.

 

President Cyril Ramaphosa will today host 70 girl learners in Grade 10 - 12 from various schools around Gauteng and the Western Cape as part of the Take a Girl Child to Work programme to be held at the Union Buildings.

The sharing economy is a quick, convenient and affordable way to share underutilized assets.

President Cyril Ramaphosa has announced this, much awaited, new national Cabinet.  

 

President Cyril Ramaphosa has called on business, labour as well as South African citizens, to mobilise all resources to address poverty, inequality and unemployment, as the country embarks on a new era, key to which would be forging an ethical state free of corruption.

Citizens in Tshwane, especially those in the vicinity of Loftus Versfeld and motorists, are advised to make alternative arrangements as some streets will be closed due to the Presidential Inauguration on Saturday.

Are you, or do you know of, a black woman owned beverage business, which is looking to grow in technical expertise, sustainable revenue

 

 

On 9 May 1994, the late struggle stalwart Albertina Sisulu rose from her seat in the first democratic sitting of Parliament to nominate former statesman Nelson Mandela as President in what has since become a historic visual in the minds of most South Africans.

Employers do become emotionally involved in some of the serious disciplinary cases at the workplace. So as Ivan Israelstam points out, it is very important to have a trained person to chair disciplinary hearings. It is important to understand the requirements of Schedule 8, which requires a two step process - first to prove what happened, and then to consider all circumstances before taking the decision to dismiss. That is the requirement of considering mitigating factors.  

The benefits of women in the workplace are even greater than originally thought, according to a new study by the International Monetary Fund. 

“This election confirms that freedom does indeed reign in South Africa. It gives us the assurance that our people are the true custodians of our freedom and democracy.”

Political analysts have lauded the influence of President Cyril Ramaphosa in the performance of the African National Congress (ANC) in the 2019 National and Provincial Elections.

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