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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
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.

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