employer

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retrenchment

This week Ivan Israelstam explains that employees have many rights, but there is also a fiduciary duty towards the employer.  He explains what this means, and why there is a stronger duty to be trustworthy upon the more senior the employee.  

 

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. 

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. 

Labour brokers - or temporary employment services (TES) - provide staff to companies, but sometimes fail to realise that they are also bound by the rquirements of labour law as employer. In addition to the legislation there may also be additional bargaining council determinations, which set conditions such as minimum wage rates. This week Ivan Israelstam explains how the CCMA has decided dismissal arbitrations involving labour brokers.

When an employer has interns or trainees, such as apprentices, or learners on learnerships, are they defined as employees or not? This week Ivan Israelstam explains how the Labour Relations Act defines an "employee". As Ivan advises always ensure that trainees are treated fairly. We recommend that this article be read in conjunction with the Sectoral Determination on Learnerships available on the Department of Labour website.

Ivan Israelstam

The precise nature of the ownership of companies can sometimes be difficult to discern. But employers should be under no illusion that if they attempt to avoid labour law obligations by creating complex ownership schemes, the CCMA and the labour courts will devote time and attention to "unveiling" the true nature of the ownership and the employer obligation. In this manner, more than one company may become jointly and severally responsible for the labour law obligations. Ivan Israelstam provides examples of how this may happen.

Ivan Israelstam

The media often features stories of bribery and corruption. Employers often simply assume - or hope - that these activities happen elsewhere. However, employers would be well served to follow Ivan Israelstam's guidance on what constitutes these activities - how they are defined, and how they should be managed professionally.

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