This week Ivan provides examples from decided cases of what would not be sufficient to justify dismissal, or make the continued employment relationship intolerable. This is compared with how the Labour Appeal Court has approached allegations of racism, or racist language as: “an anathema to sound industrial relations and a severe and degrading attack on the dignity of the employees in question”.
This week Ivan Israelstam explains how strikes can damage a company in the long term - way after the strike has concluded, and how employees are also adversely affected. He provides guidance for employers on how to manage a strike and how to go about re-building the employment relationship.
Employers who conclude employment contracts, and then terminate the contract for some reason prior to the employee commencing work, need to be aware that the CCMA and Labour Courts will regard this as a dismissal. The meaning of the wording "...works for ..." has been interpreted to include after the contract has been signed, but before actual work has begun. This week Ivan Israelstam explains further.
What makes an employment relationship intolerable, and why is this important anyway? Those are the questions that Ivan Israelstam addresses this week. He explains why it is important that an employer understands what this means, and what other factors to take into account before proceeding with a dismissal decision.