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Not only employers, but also union officials and employees sometimes wonder what the words in the employment legislation mean. This is also seen in differences between the Labour Court and the CCMA and bargaining council arbitrators. This week Ivan provides examples of how the different acts aren't always clear.  

31 October is World Savings Day, a day we like to use to highlight the importance of money management.

'Procurement irregularities' has taken 3rd place on Corruption Watch SA's Corruption Report 2017 (CRW2017). Coming in at 12% of the reported types of corruption,

All employers need to be aware of RICA. This week Ivan Israelstam explains what RICA is, and what the implications are for employers who want to intercept an employee's emails, or listen to phone calls. What are the implications if an employer simply goes ahead without understanding the legal constraints?

For any country to develop, attention should be paid to improving the education system, investing in entrepreneurs as well as clean governance.

Michael Beckurts, the winner of the 2018 Young Creatives Awards, started art lessons at the age of six as a form of rehabilitation to regain his fine motor skills after surgery, but is now on track to turn his passion and talent into a creative career.

When an employer dismisses an employee it is vitally important that the decision to dismiss is based upon solid evidence that is directly related to the reason to dismiss.  This week Ivan Israelstam explains what can go wrong in a CCMA Arbitration, or Labour Court review if the evidence is not relevant to the dismissal decision - or the CCMA arbitrator has failed to consider the relevant evidence. 

With an economy that is struggling under ongoing pressure of petrol price hikes and a weakening rand, South Africa looks to face another quarter of decreased consumer spend.

 

 

What are employee entitlements to sick leave? How should an employer handle the various forms of illness? These could be physical, emotional, mental illnesses. This week Ivan explains how an employer should approach employees with an extended, or recurring mental or emotional illness.  

Revelations by former Finance Minister Nhlanhla Nene on his meetings with the controversial Gupta family sparked outrage among South Africans and was met with calls for his axing. I

Sometimes employees do come in to work and declare that they are resigning with immediate effect. This can be for a number of personal reasons, irritation with management, and so on.  This week Ivan Israelstam explains the potential implications for employers when this occurs.

There is a need for assessors and moderators to be qualified and registered. Many in the education sector seem to overlook the distinction between these two terms.

Employers do sometimes find it difficult to prove at CCMA hearings the allegations they make against employees, who have been dismissed. One of the most common forms of evidence used in modern workplaces is camera videotape evidence.  However, this is not without problems. This week Ivan Israelstam quotes cases where the camera videotape type evidence has been challenged.  

When employers are faced with financial challenges, and contemplate retrenching employees, it is critical for the employer to first consult on alternatives to avoid retrenchment. Ivan Israelstam explains what is required, and how employers should consider alternatives. If the employee makes proposals, which the employer does not accept, it is necessary that the employer provides a response on why the alternative proposed is not a viable option.    

Brand South Africa has welcomed South Africa’s improvement in the 2018 Human Development Report (HDR), which ranks SA at 113 out of 189 countries.

This week Ivan Israelstam points out that the CCMA and bargaining councils do have the jurisdiction to decide upon retrenchment disputes, if there is a failure to agree at conciliation. This arises from the amendments to the Labour Relations Act in 2002. It is critical that employers follow a fair procedure and not simply go ahead with retrenchments without engaging in a fair consultation process.  

Local government procurement practitioners need to recognise the inextricable link between good governance, accountability and long-term socio-economic development, says Prof. Douglas Boateng.

This week Ivan Israelstam gives examples of fair discrimination.  Then explains how one employer was able to successfully defend against an allegation of unfair discrimination, and another employer could not defend against a dismissal that was found to be an automatically unfair dismissal. 

In commemoration of the 1956 Women’s March to the Union Buildings, the Southern African Institute of Learning (SAIL) today launched their 1956 Women’s Business Empowerment Programme. 

 

Four businesses that are shaking up financial services have been named as finalists in AlphaCode’s recently launched accelerator programme

The sale of a business - or part of a business - may take place when a company is in financial difficulty, and wanting to restructure to avoid going into liquidation.  The new owner may want to reduce the staff complement - but the Labour Relations Act makes any retrenchment as a result of a transfer of a going concern an unfair dismissal. Who is responsible - the old or new employer? Ivan Israelstam explains further.

This week Ivan Israelstam explains why labour brokers must change focus in order to remain viable businesses. The Constitutional Court has clarified that the client is now responsible for workers, who have worked for the client for more than three months. Even though they may be provided by labour brokers, those workers must be treated on equal terms with the comparable permanent workers. 

Local government procurement practitioners need to recognise the inextricable link between good governance, accountability and long-term socio-economic development, says Prof. Douglas Boateng. 

“Stress is the trash of modern life-we all generate it but if you don't dispose of it properly, it will pile up and overtake your life.” ― Danzae Pace

Employers may be relieved when an employee confesses to some misdemeanour, and assume that a dismissal will then automatically be justified.  This week Ivan Isrealstam explains why this is not so. There are a number of reasons why an employer cannot simply go ahead and dismiss the employee. 

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