Features

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?

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.

Pages

Subscribe to Features