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This week Ivan Israelstam pays attention to the use of labour brokers and temporary employment service agencies (TES). There are many reasons why employers make this decision on how to fill their company needs. But are there risks to using these services, instead of employing people on the company payroll as permanent employees? Read on for further details.  

This week Ivan Israelstam covers disciplinary hearings. What should an employer take into account when an employee does not attend a disciplinary hearing, and what does the law say about employees who deliberately try to delay the disciplinary hearing from proceeding? 

Some employers may assume that illegal immigrants or employees without work permits have no legal rights in South Africa. This view may lead employers to mistreat staff, who are vulnerable because the employer believes that such employees have no recourse to labour law. This week Ivan Israelstam explains that employers should take note that this view is incorrect and why it is ill-advised. 

This week Ivan Israelstam looks at the cases of alleged sexual harassment.  Questions answered are: how should an employer respond to sexual harassment allegations by an employee, and what are the obligations placed upon an employer?   

This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee.  However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. 

Ivan Israelstam sub-titled this article: Sick employees can drive employers to drink. This week Ivan explains what the obligations are on employers when they have an employee who is ill.  The question is: what does "ill" mean? Employees who have become addicted to substances, or who have become disabled in some manner have certain rights, which the employer is obliged to uphold.  Ivan explains further ...

This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements.  These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. 

This week Ivan Israelstam explains why it is important that an employee should be allowed to cross-examination witnesses giving evidence at a disciplinary hearing. Sometimes a chairperson will interrupt or limit the employee's questions.  What is the implication when this happens?

What rights does an employer have to discipline an employee for misconduct outside the workplace? What will be taken into account when an employee commits an offence - or a related crime - outside the workplace? This week Ivan Israelstam explains what factors will be taken into account by the CCMA. 

This week Ivan Israelstam persuades employers to protect themselves by joining an employer organisation - so that they have protection at the CCMA. Ivan expresses the opinion that labour law provides very little protection for employers and that the protection of employees has been increasing over time. He provides examples from the cases.

 

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