Features

The Electoral Commission (IEC) had finalised results from 13 731 of the 22 924 voting stations (59.89%), totaling 8.9 million votes at 6.30pm on Thursday.

With only 16.66% of the voting districts having completed their counting so far, the results up on the leader board at the IEC’s National Results Operation Centre in Pretoria, are far from final.

Employers sometimes become emotional about an employee, and will manipulate circumstances to achieve a dismissal. One of the ways of doing this is to put further allegations against an employee, when the matter has previously been decided. Ivan Israemstam quotes a number of cases to illustrate the point of when re-doing hearings is justifiable - and how employers may lose if they manipulate the circumstances.

South Africa goes to the polls May 8th 2019, in what I believe is the country’s first adult election.

Do young people have an obligation to cast their vote in the upcoming election, or is it their right to remain silent?

During 2014/15, and again in 2018, there have been a number of changes made to the legislation affecting the obligations of employers and the rights of employees, and responsibilities of commissioners presiding over misconduct hearings.  This week Ivan Israelstam points out that employers are failing to defend their decisions at the CCMA. A number of important changes are listed and Ivan will be covering these over the coming weeks.

Some times in life being ethical is easy, however there are many times when making the ethical choice can be a struggle.

This week Ivan Israelstam answers the question: what is workplace fraud? Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA.  

The Labour Relations Act (LRA) sets out the rights of an employee in disciplinary matters - giving effect to individual Constitutional rights. In disputes, the employer needs to be able to prove that all of the rights as set out in the LRA, were adhered to. This week Ivan Israelstam explains how an employer would provde their compliance - and the implications for employer procedures. 

It is legally risky for employers to fire an employee for using alcohol or drugs. This is because, where the employee is addicted, he/she is legally classified as being ill and is protected by law.

 

 

Many organisations experience hostility between employees for a number of reasons: favouritism, nepotism, affairs, jealousy over promotions, power struggles, sexist, racist, or bigoted behaviour - are just some of the situations. An employer may believe that the easist way to solve the problem is simply to dismiss the employees involved. This week Ivan Israelstam explains how this approach may backfire. 

 

Data literacy is a critical component of success in the modern world. What is the use of innovative tools if users don’t understand how they function?

Annual statistics for top leadership placements show that South African companies are taking gender transformation more seriously than ever before, with more women than men landing management and senior leadership roles for the first time last year.

 

 

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

This week Ivan provides examples from decided cases of what would not be sufficient to justify dismissal, or make the continued employment relationship intolerable. This is compared with how the Labour Appeal Court has approached allegations of racism, or racist language as:  “an anathema to sound industrial relations and a severe and degrading attack on the dignity of the employees in question”. 

Did you know that JK Rowling was turned down by the twelve largest publishers when she presented her first Harry Potter draft to them? It was a small publisher called Bloomsbury who eventually accepted it

There are a number of reasons why an employer might find a mutually agreed termination more time effective or efficient than other disciplinary procedures.  However, the employer should be very careful not to confuse a retrenchment situation - with very specific procedural requirements - and a genuine mutually agreed termination of the employment relationship. Importantly, such an end of the contract is not legally classed as a dismissal. Ivan Israelstam explains.

Do search engines and other online innovations have the power to redefine professional relationships across industries?

This week, Ivan Israelstam uses examples of cases from the CCMA, the Labour Court and the Labour Appeal Court, to explain how decisions can be overturned from one court to the other. Ivan explains why it is important for employers to have an understanding of the pattern of decisions, to understand what is clearly decided, and what is still uncertain - in order to be able to identify what is relevant to their own cases. 

International Women’s Day has a provocative theme this year – Balance for better and encourage action. Presumably, balance is currently poor and action is needed for women to reach their goals.

What is a conflict of interest, and may an employer dismiss an employee if there is a conflict of interest? This week Ivan Israelstam explains exactly what is required before a dismissal for conflict of interest will be sustainable at the CCMA. 

Don’t underestimate the power of trade unions. That is the advice of Ivan Israelstam. How should shop stewards be treated? Is it possible to discipline shop stewards? Are there additional requirements before disciplining a shop steward? Is it possible to dismiss a shop steward? This week Ivan explains the rights and responsibilities of shop stewards, and uses an example of a shop steward dismissal he defended successfully at CCMA.

South Africa will reach the fiscal cliff by 2042 if it does not change its ways and back up the budget speech with concrete actions,

When an employer is faced with an employee who fails to perform, the Labour Relations Act sets out specific requirements to be fulfilled before the employer contemplates dismissal. These requirements are followed by a fair procedure. This week Ivan Israelstam explains what the requirements are, and how poor performance should be handled. 

Strikes are disruptive to companies and are costly to employers and employees. This week Ivan explains why private arbitration can be very beneficial in preventing strikes, and he explains the limitations of the CCMA and bargaining councils in dealing with issues.

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