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South African labour law - often criticised for restricting recruitment because employers believe that they cannot dismiss an employee. Whereas, as Ivan Israelstam points out, investing the time and money into good quality training on labour law for management, will pay off many times over in costs saved from adverse CCMA and Bargaining Council decisions.

 Dismissing employees who have been arrested can be dangerous. That is the view of Ivan Israelstam, who this week explains why he makes that statement. He provides examples from the Commission for Conciliation Mediation and Abitration (CCMA), bargaining council, Labour Court and Labour Appeal Court, so that employers can see exactly how they should interpret their obligations.

This week Ivan Israelstam answers the question on whether an allegation of assault will automatically always lead to a decision to dismiss. Ivan looks at how the authorities have dealt with the question, and concludes that the specific circumstances of each case need to be carefully considered before reaching a decision.

As with all disciplines, labour law has its own terminology. What does "hiding behind the corporate veil" mean? Ivan Israelstam explains how employers sometimes seek to hide the true nature of a business practice, and how the CCMA, bargaining councils, and labour courts will respond.   

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.

Are there different requirements for disciplinary action against a shop steward, and if so - what are the differences? That is the question Ivan Israelstam addresses this week. Essentially not all infractions by a shop steward would amount to gross misconduct. One example is the shop steward's position during negotiations - in that forum the shop steward addresses management as an equal. So using strong terms to reject management's proposal would not be insubordination. Ivan quotes cases to explain the differences between dismissing a shop steward and dismissing an employee.

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.

In common law employers and employees have the obligation to treat each other fairly and within the law. What does that mean? This week Ivan Israelstam explains very clearly what the obligations are for both employers and employees. The CCMA arbitrators and the Labour Court and Labour Appeal Court judges will not take kindly to parties to do bring forward an accurate account of events, or are shown to have not met their obligations. 

This week Ivan Israelstam explains why it is necessary to ensure that no names with racial meanings are used at the workplace. Also why it is important that employers investigate any allegations of racism at the workplace. Decisions of the Labour Court and a Bargaining Council provide good guidance.

Ivan Israelstam

Labour law - sometimes referred to as a minefield or a jungle - intended to indicate the complexity of the field for the unwary and unqualified. This week Ivan Israelstam sets out how to judge whether the person advising you really is knowledgeable and experienced, and what services they should be able to provide to you. 

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