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labour law

Two important issues are raised his week by Ivan Israelstam - first that employers should not use retrenchment as an excuse to deal with their failure to manage employee performance, and when conducting restructuring and retrenchment exercises, there are clear steps to be followed to consult with employees - these include consultation, information sharing, and consideration of alternatives. For details on the requirements - see Labour Relations Act sections 189 and 189A, and the Code of Good Practice on Operational Requirements Dismissals.

Ivan Israelstam explains in detail employee rights in terms of the Basic Conditions of Employment Act (BCEA), and how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court may approach disputes, which combine BCEA disputes, with matters under the Labour Relations Act (LRA), such as unfair dismissal disputes.   

This week, Ivan Israelstam lays out the procedures for an arbitration hearing, and the explains why it is critical to present evidence to support your case. 

What is required to suspend an employee from work?  This week Ivan Israelstam explains how employers can cause themselves very expensive problems by losing their temper and treating employees unfairly.  

"Hearing chairpersons should not count their chickens before they hatch" is good advice. This week Ivan Israelstam, how - and why - some employers try to manipulate the disciplinary process, and the potential consequences if this advice is not heeded. 

This week Ivan Istraelstam explains all of the dispute resolution bodies, and the fees and costs for an employer who is found to have unfairly dismissed an employee.

As with all disciplines, labour law has its own terminology. What does "hiding behind the corporate veil" mean? Ivan Israelstam explains how employers sometimes seek to hide the true nature of a business practice, and how the CCMA, bargaining councils, and labour courts will respond.   

In medium to large size companies, there will usually be a number of specialist departments. It is critical that employees within the company understand that any communication arriving from the CCMA should be passed on to the person designated to deal with CCMA matters. Failing to attend an arbitration hearing may well have serious - and expensive - consequences for the company. Ivan Israelstam provides cases to demonstrate the consequences of employer non-attendance.

There is a national strategy to improve skills and knowledge, to support people to find employment, and reduce unemployment. Learning programmes to achieve this, include apprenticeships, learnerships, graduate work programmes, in-service experience as part of a qualification. The people on these programmes are required to have an employment contract for the duration of the programme. What are the implications of that "employment" contract?

This week Ivan Israelstam explains the process an exployer should adopt if a retrenchment of employees is contemplated. He explains what the steps are to be followed, to ensure that the employer complies with the requirements of the Labour Relations Act for what is an operational requirements dismissal.

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