Features

Employers need to make sure that they understand the implications of receiving a Con-Arb notice from the Commission for Conciliation Mediation and Arbitration (CCMA).  This week Ivan Israelstam explains what the ConArb involves and how employers need to prepare.

Working women can have it all when it comes to family, children and a career but they can’t do it alone, says New Zealand Prime Minister Jacinda Aldern, who has just given birth to a baby daughter, becoming only the second woman holding office to do so.

With each industrial age has come a different type of employee. From Baby Boomers, to Gen-X and the elusive Millennial. Millennials are a corporate anomaly, a completely new type of employee to enter the work landscape, writes Strata-G Labour Solutions legal advisor, Aphelele Tapile.

This week Ivan Israelstam explains that employees have many rights, but there is also a fiduciary duty towards the employer.  He explains what this means, and why there is a stronger duty to be trustworthy upon the more senior the employee.  

 

Good practices during recruitment of new employees are critical to business success. One key issue is to obtain relevant documentary evidence of qualifications and the employer has the responsibility to ensure that the documents, such as qualifications and licences are genuine. Obtaining a history of the potential employee's past work experience may be more difficult and what will be considered relevant to the position may not always be clear.  This week Ivan Israelstam explains the complexities in establishing what is relevant. 

‘Social enterprises’ ‒ organisations that blend social benefits with financial revenues ‒ are currently a buzzword in corporate social investment (CSI) circles. I

This week Ivan Israelstam looks at the Labour Relations and Employment Equity Acts to find the definition of workplace "victimisation". He answers a number of questions: What does this term mean? What actions by an employer could constitute victimisation? What are the implications for a constructive dismissal claim?

Employers generally are now respecting an employee's right to a disciplinary hearing before deciding upon dismissal.  The question is: who chairs the disciplinary hearing, that is: who is the presiding officer of the disciplinary hearing? How important is it that the presiding officer has not been involved in the events leading up to the disciplinary hearing? This week Ivan Israelstam answers these questions.

When will it be fair to dismiss an employee for poor performance? What is poor performance? What are the employer's rights in setting the performance standard and what are the employer's responsibility towards employees?  This week Ivan Israelstam responds to these critical questions that apply to all employers and explains what the employer will need to be able to demonstrate to a CCMA commissioner in an unfair dismissal arbitration. 

In line with the SACAP Festival of Learning’s focus on generating significant conversations the Human Library will be hosted at both the Johannesburg and Cape Town festival (18th and 25th May).

Archbishop Desmond Tutu has been voted Africa’s most reputable and ethical individual, while Gift of the Givers and Botswana were recognised as the most admired organisation and country on the continent.

Employers do complete employment contracts before the person commences work, but does that make the person an employee? What are the implications is the employer decides to terminate the contract even before the person has commenced work? This week Ivan Israestam deals with these interesting labour law questions. 

Many organisations say they want to increase the number of women in leadership roles and close the “gender gap,” and while many factors play into this, a good place for these employers to start is to focus on engagement.

Trade and Industry Minister Rob Davies has launched Aspen’s R1 billion high containment facility that will create over 500 jobs.

Retrenchment consultations are potentially emotional and difficult discussions. This week Ivan Israelstam explains whether employees involved in a retrenchment consultation have a right to bring in a lawyer or other external labour law representative. 

Employers may suspend an employee in a number of circumstances, some are reasonable and fair, but others may simply be as a result of an employer trying to make life difficult for an employee so that the employee will resign.  This week Ivan Israelstam explains all the various circumstances of suspensions.

This week Ivan Israelstam explains potential forms of disruption and indiscipline at the workplace - what he refers to as workplace rebellions. The article goes on to consider when dismissal is a fair response by the employer, quoting cases to show how the CCMA will respond to allegations of unfair dismissal. 

How ethical are we? Do we even care about our reputation? These are the kinds of big questions that the African Public Relations Association (APRA) seeks to answer

Employers may believe that by using a fixed-term contract, they will avoid having to permanently employ a person. However, this week Ivan Israelstam explains how an employer can inadvertently guarantee a temporary employee a reasonable expectation of further employment.

Following last week's article on the definition and legal consequences of entrapment, this week Ivan Israelstam explains other illegal and unethical practices, which may be used at disciplinary hearings. Under pressure to achieve a dismissal, supervisors and managers may be tempted to use these practices.  However, as Ivan explains they are highly likely to backfire on management.   

Speaker after speaker at Mama Winnie Madikizela-Mandela's official memorial service have paid homage to her unrelenting fighting spirit, which earned her the title of Mother of the Nation.

All parents want the best for their children. We take care of them and see to it that they are safe, fed and educated.

Some of the fastest growing sectors, such as engineering, are still considered to be dominated by men. But there are things women can do to get the recognition they deserve.

How ethical are we? Do we even care about our reputation? These are the kinds of big questions that the African Public Relations Association (APRA) seeks to answer; providing valuable insights for all leaders in Africa.

This month at Higher Self, we are paying homage to a very special, magical group of people, the little people, our children, our little geniuses and their excellence and lifeforce

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