Features

On South Africa’s Women’s Day, Baker McKenzie lawyer Bridgett Majola, a senior associate in the Banking & Finance Practice of the firm’s Johannesburg office, shares her advice for women and what she would tell a younger version of herself:

Are you starting your career? As a woman you may be in search of some direction to help you reach your professional goals. Get advice from working women at the top of their field.

On a global scale women earn 15% less than men but the reason why is more complex than an unfair wage discrepancy.

This week Ivan Israelstam explains how the word "unfair" is interpreted in labour law, and why it is so important for employers to understand what is regarded as unfair and what is automatically unfair. This is particularly important for employers to understand in relation to reasons for dismissal.

Faith Popcorn, the Nostradamus of Marketing and most accurate futurist, called it out in her book, “Eve”olution in 2000 about how women would rise and revolutionise society.

When it comes to performance “women are often their own worst enemies” according to HR specialist Lizaane De Jong.

Female blue-collar workers have traditionally lacked power in their employment choices, as marginalised and predominantly uneducated workers

When talking about procurement projects for a municipality it is safe to say you must factor in the political dimension.

 

Once a dispute has been lodged with the Commission for Conciliation Mediation and Arbitration (CCMA). there are different stages in the process to achieve resolution: conciliation, or con-arb - conciliation and arbitration, or arbitration. This week Ivan Israelstam explains how a pre-arbitration meeting may assist in speeding up resolution - but also points to the risk involved.

South Africa’s fruitful relationship with its largest trade partner, China, can only get stronger, President Cyril Ramaphosa has told his Asian State counterpart, President Xi Jinping.

As the economy fails to grow and consumers struggle to make ends meet, businesses may suffer a loss of sales and profits.  May the employer automatically retrench workers? This week Ivan Israelstam examines the requirements upon an employer before they consider retrenching employees.    

Nelson Mandela once said education is the most powerful weapon which you can use to change the world.

Mandela Day may come once a year, but for the child-headed Dlula household today’s centenary commemoration will be one they will remember for years to come.

Young people must lead South Africa’s drive to advance, shape and win the fourth industrial revolution, says Home Affairs Minister Malusi Gigaba.

With the 15 000-strong crowd packed into Wanderers Stadium hanging on to his every word, former US President Barack Obama called on the world -- with emphasis on the youth -- to keep the torch of Nelson Mandela’s legacy burning.

The word prejudice is used a great deal in the media, but there are certain legal implications of prejudice, prejudging, and implications for bias in disciplinary proceedings. Therefore, it is very important for employers to understand the dangers in not paying attention to these legal concepts. This week Ivan Israelstam explains the different meanings of these words, and how they are important for disciplinary proceedings, and for conducting matters at the Commission for Conciliation Mediation and Arbitration (CCMA).

Employers sometimes know that misconduct has definitely taken place, but the employer can’t pinpoint the actual culprit/s. The temptation is to dismiss every employee, who may have possibly been involved. This week ivan Israelstam deals with cases where this has happened.

“What counts in life is not the mere fact that we have lived. It is what difference we have made to the lives of others that will determine the significance of the life we lead.” – Nelson Mandela

 

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?

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