discipline

Ivan Israelstam

This week Ivan Israelstam explains why it is so important for management to be knowledgeable in labour law. The management of discipline is part of management responsibility and should not be seen as a specialist area for the HR or IR people to handle. Therefore training of all management is extremely important.

When does South African labour law apply? This week Ivan gives us a number of examples where foreign firms thought - incorrectly - that they could do as they please with their employees. No - not so. Ivan demonstrates through a number of cases where these employers made some very serious - and extremely expensive - mistakes. Our courts found that they did have jurisdiction and the defaulting employers paid the employees' costs - in addition to all the other costs.

Ivan Israelstam

Section 186 of the Labour Relations Act (LRA) gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that “The employee should be entitled to a reasonable time to prepare the response..”

Ivan Israelstam

One of the most difficult situations for companies to handle is an arbitration award that requires reinstatement or re-employment of previously dismissed employees. Apart from implications for the management of the rest of the workforce, the requirement not to be seen to victimise the employee/s is critical. Ivan Israelstam explains.

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