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dispute

This week Ivan Israelstam explains why employers get into - expensive - difficulties at the Commission for Conciliation Mediation and Arbitration, or bargaining councils by incorrectly using fixed-term contracts. Why does this happen, and what should employers take into account to ensure that they can defend their actions if a dispute is lodged against them?

This week Ivan Israelstam provides his interpretation of the Constitutional section of the Bill of Rights providing that "Everyone is equal before the law". Does "Everyone" include a juristic person - that is an employer. He goes on to explain how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court have responded to his opinion.

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.

As Ivan Israelstam explains this week, employers may sometimes decide to "get rid of" an employer for reasons of age. However, if the decision does not follow an established, documented, fair, and legal policy and practice, the action could prove not only - very expensive for the employer, but also damaging to the company reputation. 

This week Ivan Israelstam explains the process an exployer should adopt if a retrenchment of employees is contemplated. He explains what the steps are to be followed, to ensure that the employer complies with the requirements of the Labour Relations Act for what is an operational requirements dismissal.

This week Ivan Israelstam answers the question: what is workplace fraud? Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA.  

Once a dispute has been lodged with the Commission for Conciliation Mediation and Arbitration (CCMA). there are different stages in the process to achieve resolution: conciliation, or con-arb - conciliation and arbitration, or arbitration. This week Ivan Israelstam explains how a pre-arbitration meeting may assist in speeding up resolution - but also points to the risk involved.

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.

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