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The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance. 

The job market today is a network-driven environment and is highly competitive by nature, submitting applications- landing an interview and simply landing the job is a scarcity and the expectation for it to be that simple, is quite frankly, unrealistic.

Henry Boyle said: “The most important trip you may take in life is meeting people halfway.”

Ivan Israelstam

A very topical question this week. Ivan Israelstam provides his assessment of why business owners and managers will want to have everyone vaccinated, and he addresses the legal questions - the rights afforded to individuals by our Constitution.  How will these be balanced against the requirements that employers provide a safe working environment? Ivan notes that section 36 of the Constitution may reasonably limit the individual rights.  

retrenchment
TERS fund

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.

retrenchment

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