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CCMA

Ivan Israelstam

Employers may believe that referring to any dishonest behaviour as "fraud" will help them in achieving a dismissal. However, as Ivan Israelstam explains "fraud" has a very specific meaning, and in order to sustain a dismissal decision at the CCMA, the employer needs to understand what is involved, and how to present the evidence to support this allegation.

Ivan Israelstam

As ivan Israelstam demonstrates this week, there are many reasons why spiteful actions arise in workplaces. But when emotions and egos come into play, the results can be both expensive and destructive for the business. To avoid these dangers you may want to read on and follow Ivan's advice.

Ivan Israelstam

What makes an employment relationship intolerable, and why is this important anyway? Those are the questions that Ivan Israelstam addresses this week. He explains why it is important that an employer understands what this means, and what other factors to take into account before proceeding with a dismissal decision.

Ivan Israelstam

This week Ivan Israelstam explains the differences between a retrenchment (an operational requirements dismissal) and a mutually agreed termination of an employment contract. The procedures to be followed are different and the nature of the document that concludes the ending of the employment contract are significantly different. Mixing up these two types of agreement can be expensive.

Ivan Israelstam

In the mid 1990s the old labour legislation was repealed and was replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree on a number of important details of law which were therefore omitted from the LRA. Some detail as to the intention of the law is provided in the form of codes of good practice and other gaps may be filled by case law. Ivan Israelstam explains further.

Ivan Israelstam

The level of work performance of employees is a crucial factor in the advancement of South Africa’s economy and in the success of each enterprise. This is one reason that the law does allow employers to dismiss employees who fail to perform according to performance standards. However, the same legislation lays down very stringent tests to establish whether dismissal for poor performance is appropriate in each specific instance.

Ivan Israelstam

The huge losses resulting from the current spate of strike raise the question of how such strikes can be prevented. Is it possible that private arbitration could reduce the damage of extended strikes? Ivan Israelstam explains how this may be done.

Ivan Israelstam

Employers ask whether a disciplinary code is necessary in terms of labour law. This week Ivan Israelstam explains why he believes that a disciplinary code is a valuable tool for employers.

Ivan Israelstam

Victimisation is an allegation made by employees sometimes under the Labour Relations Act and sometimes under the Employment Equity Act. Ivan Israelstam explains various acts that are classified as victimisation, but also points out gaps in the laws. He advises employers to proceed with caution and not think that they have a free hand in their behaviour with employees.

Ivan Israelstam

Employers may not compromise the privacy of an employee's private emails in terms of the legislation regulating interception of communications. Therefore, Ivan Israelstam advises that employers ensure that they have employees' written acceptance that their emails sent using company facilities may be monitored.

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