Advertisement

CCMA

Labour law cases often make reference to "piercing the corporate veil" and readers may wonder whether this is only to do with corporate business. In fact, it relates to business of all sizes, some of which may be very small cc operations. This week Ivan explains what sort of business activities may result in arbitrators or judges "piercing the corporate veil" and the costs that may result.

When a CCMA notice of an arbitration hearing arrives in a busy Human Resources department, there is a very real possibility that it does not receive the full attention that it deserves. The failure of an employer to attend an arbitration hearing at the CCMA without very good reason may be a very expensive error of judgement. This week Ivan Israelstam explains the grounds the Labour Court will accept for overturning an arbitration award.

Section 197 of the Labour Relations Act (LRA) requires the new employer, in a takeover as a going concern, to take over all the employees of the old employer. A takeover of an enterprise “as a going concern” essentially means that the new employer is carrying on the same business as the old employer after a takeover. This week Ivan Israelstam explains that it is possible to vary the impact of the transfer if all the affected parties - including the employees are consulted and an agreement is reached.

Business takeovers - or transfers as a going concern - mean that the new owner of the business takes over all the employees and all the responsibilities of the old business. In addition, retrenchments as a result of a going concern transfer are regarded as automatically unfair. This week Ivan Israelstam explains some of the - potentially very expensive - technicalities.

Ivan Israelstam

Employers do not always take allegations of sexual harassment seriously - such allegations may give rise to jokes and innuendo. However, employees have a right to a safe workplace and protection from discrimination. Cases of sexual harassment that are mishandled may lead to findings of unfair discrimination. Ivan Israelstam cites some cases to demonstrate the implications of failing to take seriously allegations of sexual harassment.

Ivan Israelstam

This week Ivan Israelstam explains what happened to employers who tried to avoid the requirements of the section on probation in the Code of Good Practice on Dismissal. Pretending an employee is on a fixed term contract - or an independent contractor - will cause just as much trouble at the CCMA. So the best practice is to provide the counselling, guidance or training that a probationary employee requires.

Ivan Israelstam

This week Ivan Israelstam makes the case that labour law has become more restrictive upon employers. He explains that those who have used repeated fixed term contracts should no longer do that - only employ on a fixed term contract where there is a genuine short term job. Secondly, using labour brokers - TES or temporary employment services - has also become more restrictive and difficult as a result of the latest labour law amendments.

Ivan Israelstam

Suspension is an action usually associated with the disciplinary procedures - sometimes before a hearing and sometimes as a sanction. However, there are other circumstances where suspension may be used. But are these suspensions on full pay and for what period can an employee be suspended? This week Ivan Israelstam explains the options and the potential pitfalls.

Ivan Israelstam

When employee behaviour is dishonest or at a similarly serious level that dismissal appears to be the appropriate response, it is particularly important that employers follow the correct disciplinary procedures. Part of those procedures is to ensure that there is a suitably qualified, unbiased chairperson to hear the matter fairly and in an unbiased manner. Ivan Israelstam provides some examples.

Ivan Israelstam

Employers should be aware that allowing senior management to overrule junior management, who are more knowledgeable and experienced in disciplinary procedures may be risky. This week in his second article of the series, Ivan Israelstam explains what double jeopardy is, and how employers who fail to understand double jeopardy, may make very costly mistakes.

Pages

Advertisement

Subscribe to CCMA