CCMA

This week Ivan Israelstam answers these questions: What is a Con-Arb, and how does it differ from conciliation and arbitration? What the implications if an employer receives a notification for a Con-Arb at the CCMA? How should an employer respond to a notice of Con-Arb? Can an employer object to a Con-Arb?  

Ivan Israelstam provides examples of how employers may be required to make an employee permanent as a result of a "reasonable expectation" that they would be made permanent. Ivan explains how the use of multiple renewals of fixed term contracts by employers will fall foul of the CCMA arbitrators. 

Ivan Israelstam expresses the opinion that labour laws are restrictive and that although the intention is to help employees, the effect is to increase unemployment.

When should the chairperson of an internal disciplinary hearing consider allowing a lawyer to represent the employee facing the disciplinary hearing? Ivan Israelstam explains how the courts have considered this question, and what employers should take into account in order to respond to such requests. 

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.

You can be an employee before you start work! This week Ivan Israelstam explains that there gap in employent law. That is because neither the Labour Relations Act, nor Basic Conditions of Employment Act, nor the Employment Equity Act adequately cover this question. Ivan advises on the limitations in finding a way forward by relying upon the law of contract. So, Ivan explains how have the Labour Court, and Commission for Conciliation Mediation and Arbitration (CCMA) have responded - and the Labour Appeal Court has stepped in.

Financial constraints - a key issue during a COVID-19 pandemic, making the post this week by Ivan Israelstam particularly relevant. Using case examples employers receive guidance on how to handle recruitment and promotion decisions.

This week Ivan Israelstam explains that there are four main categories breaching employee rights, that are referred to the Commision for Conciliation Mediation and Arbitration (CCMA). They are unfair dismissal, unfair discriminatin, unfair labour practice, and failure to comply with minimum wage legislation. Ivan then unpacks what are considered unfair labour practices relating to benefits.   

This week, Ivan Israelstam explains two aspects of the interview and employment process. This article explains what information the law requires a job applicant to provide to the potential employer. Then, what action an employer may take - if they find out that the - now employee - misrepresented any aspect of their qualifications or experience.  Cases are quoted to indicate why it is necessary to follow the correct procedures prior to taking such action. 

 

One of the unfortunate consequences for employees of this outbreak of corona virus, is potential retrenchment. This week Ivan explains the benefits offered by the Department of Employment and Labour to mitigate this eventuality, and reminds employers of the importance of following the consultation steps as set our in the retrenchment clauses of the Labour Relations Act. 

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