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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. 

The Labour Minister and the CCMA were called in for urgent assistance when workers at the Pick n Pay distribution centre in Gauteng embarked on unprotected industrial action, demanding additional pay while working during the national lockdown.

CCMA

The CCMA has released an urgent directive in response to the Covid-19 outbreak in South Africa. It highlights the directive issued by the President of the Republic of South Africa, the guidelines for the containment of the Coronavirus in the public service, and the protocols issued by the National Institute for Communicable Diseases.

Last week, Ivan Israelstam explained the personal reasons employers may have to utilise probation to dismiss employees. This week, Ivan describes the alternative action the employers may take - instead of dismissing the employee, the employee is demoted.  This action, equally as with the dismissals, may run into criticism at the Commission for Conciliation Moderation and Arbitration (CCMA). 

This week Ivan Israelstam explains why "James Bond" employers, who use probation to simply dismiss employees - whether they have broken rules, or just simply because they are not popular with the boss, will be tripped up at the Commission for Conciliation Mediation and Arbitration (CCMA).

The retrenchment of a senior management employee will always be a difficult exercise, and all the more reason why the employer should ensure compliance with the Labour Relations Act and Codes of Good Practice, and that the correct procedures are followed. Ivan Israelstam quotes a case where the employer tried to both retrench and disciplline a senior employee.

For employers, any form of workplace disruption causes concern and frustration. Ivan Israelstam explains why it is important that employers do not respond emotionally to such disruptions, and only respond once their actions have been carefully considered.

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