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labour law

How should arbitrators come to their decision in matters put before them at the Commission for Conciliation Mediation and Arbitration (CCMA). What factors should they take into account? Are the arbitrators obliged to explain their decision, and provide reasons for their decision? Does PAJA - the Promotion of Administrative Justice Act cover matters at the CCMA? This week Ivan Israelstam covers all these questions.

"I'll give you a warning". That is something heard by employees, when a supervisor or manager makes the statement as a threat because they are frustrated with the behaviour or non-compliance of an employee. This week Ivan Israelstam explains exactly how warnings should be viewed, and when different levels of warning are appropriate. 

Labour law

This week Ivan Israelstam explains what these terms of the Labour Relations Act section 213 mean - economic, technological, structural or similar needs of the employer.

When business conditions change, employers may want to change the terms and conditions of employment of the employees. This week Ivan Israelstam explains what employers should not do in these circumstances. 

This week Ivan Israelstam answers these questions: What is a Con-Arb, and how does it differ from conciliation and arbitration? What the implications if an employer receives a notification for a Con-Arb at the CCMA? How should an employer respond to a notice of Con-Arb? Can an employer object to a Con-Arb?  

Over the last few decades, many companies have transferred parts of a business to another company, which continues to provide a service to the original company. Transfers of the employees takes place under Section 197 of the Labour Relations Act. If the company subsequently decides to cancel that arrangement and appoints another company to provide the service, do all of the employees move over again? Ivan explains the complexities and implications of this question.

retrenched

Ivan Israelstam provides examples of how employers may be required to make an employee permanent as a result of a "reasonable expectation" that they would be made permanent. Ivan explains how the use of multiple renewals of fixed term contracts by employers will fall foul of the CCMA arbitrators. 

Ivan Israelstam expresses the opinion that labour laws are restrictive and that although the intention is to help employees, the effect is to increase unemployment.

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