Features

The positive news in the lead-up to the 2018 Budget Speech is that the broad macro-economic environment is less confining than this time last year.

Leadership change expert Tracey Swanepoel is delighted to announce that she will be hosting a two-day leadership workshop for women, to be held at the Johannesburg Country Club on 19-20 March 2018.

South Africa's newly elected President, Cyril Ramaphosa, will deliver his first State of the Nation Address (SONA) in Parliament tonight, amid high expectations and enthusiasm.

The new President of the country will be sworn in at 2pm today. This follows the resignation of former President Jacob Zuma on Wednesday night.

President Jacob Zuma has tendered his resignation as the head of State in the Republic of South Africa after nine years in office.

Disciplinary hearings can be difficult situations for employers to handle.  Management who have been trained in the labour law and disciplinary processes stand the best chance of managing the difficulties that may arise. This week Ivan Israelstam makes these points and how disciplinary disruptions should be handled.

Why is is important that disciplinary action takes place timeously? This week Ivan Israelstam explains how difficult it is to prove that the trust relationship has been broken sufficient to warrant dismissal - if the disciplinary procedure was delayed and the employee was allowed to continue working.

At the Opening of Parliament every February, the President of South Africa delivers the State of the Nation Address (SoNA), which outlines the country’s performance for the past year and plans for the year ahead.

The resilient and award-winning storyteller and producer, Asanda Magaqa, is the face of the South African Cultural Observatory’s (SACO) third International Conference, which she will host as master of ceremonies (MC) in March.

This week Ivan Israelstam explains the concept of double jeopardy, and why it is important that employers understand what it is, and how to avoid actions that count as double jeopardy.  

Fines of up to R1 500 000 require desperate measures from defaulting employers reports Ivan Israelstam. The Department of Labour Employment Equity Division is very serious about getting designated employers to comply with the requirements of the Employment Equity Act. If you have failed to meet the 15 January 2018 deadline for online reporting, then read on for Ivan's advice. 

Where the job itself is permanent it is dangerous to employ staff on anything but a permanent contract. This is firstly because the Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry date. Secondly, case law has gradually narrowed those circumstances under which an employment agreement can legitimately be accepted as a limited duration contract.

Sex related acts not always sexual harassment - that is the outcome of a case Ivan Israelstam examines this week.  This case indicates how important it is to ensure that disciplinary action is taken timeously.  A delay - and allowing the employee to continue working - would indicate that the trust relationship is not broken. Therefore, dismissal may be found to be unfair.

This week Ivan Israelstam explain that the responsibities of larger employer. The bigger the employer, the more that is required before dismissing a sick employee. The case against Standard Bank illustrates how the courts will consider the responsibilities of the larger employers. This is especially a concern where the employee has long service and previously been a good employee. 

New immigration policies are expected to keep skilled professionals living and working in the United Kingdom for longer.

This week Ivan Israelstam expreses the opinion that the "conflicting court decisions on going concerns mean that we don’t know if we are coming or going".  Read on to see why Ivan holds this opinion. Find our what is a transfer as a going concern, and why this definition is so important to contracting companies. 

For 16 days men and women around the world will unite to break the strongholds of abuse over families, communities and nations.

The creative and cultural industries, along with the arts, culture and heritage sectors, are positioned to play a powerful role in shaping, framing, communicating and influencing the future of work as we know it.

This week Ivan Israelstam explains how strikes can damage a company in the long term - way after the strike has concluded, and how employees are also adversely affected. He provides guidance for employers on how to manage a strike and how to go about re-building the employment relationship. 

At this time of year, all employers who are "designated employers" in terms of the Employment Equity Act should be finalising their EE reports (EEA2 and EEA4) for submission before 15th January 2018. Therefore, this week's article by Ivan Israelstam is of great interest.  He explains why a Chinese employee is included for the definition of previously disadvantage, how the cases based upon affirmative action have been decided, and points out the very large penalty for a first offence of non-submission of the EE report.

South African's might be new to the concept of Black Friday but we are veterans when it comes to spotting a good deal.

Ivan Israelstam explains the many ways that communication can go astray between the CCMA and the employer - and the very expensive consequences of the mis-communication.  This week Ivan explains why it is essential for business owners and executives to take labour law seriously and ensure that all management and supervisory levels understand how to manage employees within the law. 

“You can’t manage what you don’t measure.” ~ W. Edwards Deming, scholar and teacher in American academia.

This week Ivan Israelstam uses a dismissal case that went from CCMA, to Labour Court, and finally to the Labour Appeal Court, but the dismissed employee was still re-instated - to explain the importance of handling investigations and disciplinary matters competently, and to ensure that any procedures at CCMA or courts are well prepared.  Above all to avoid emotion.  

In an inaugural address President Kgalema Motlanthe says “It is not uncommon to hear the word ‘crisis’ affixed to our present condition.

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