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Labour Relations Act

Human resource practitioners will be aware of the saying that one employs for qualifications and dismisses for behaviour. Individuals who have been model employees may suddenly start behaving in uncharacteristic ways, brought on by personal relationship problems, trauma, or forms of physical or mental illness. No matter how frustrating the behaviour may be for the employer Ivan Israelstam explains why it is critical that employers behave correctly.

Ivan Israelstam

It is often very difficult for employers to provide sufficient proof to the CCMA or bargaining council commissioner that the employee is guilty of the misconduct for which he was dismissed. The employer has the full onus (legal responsibility) of proving that the dismissal is fair. Employers often believe that video or camera footage will provide sufficient evidence for a dismissal. This week Ivan Israelstam explains the complexities involved in using this technology in disciplinary hearings.

Ivan Israelstam

A retrenchment is considered a "no fault" dismissal. Therefore, while it may become necessary for a company to retrench, every consideration should be given to alternatives to retrenchment. This applies particularly to employees with long service, and also to employees who have the skills required to maintain and develop the business. Ivan Israelstam what aspects should be considered by companies before deciding on a path of retrenchment

Ivan Israelstam

While retrenchments may be considered necessary for a company, it is critical that employers understand the rights of employees in these circumstances, and the appropriate procedures to adopt to ensure that these rights are protected. Ivan Israelstam explains the three factors at the very heart of protecting the rights of employees.

Not all discrimination is unfair. Choosing one employee from a group of applicants is making a discriminating choice between the applicants. As long as there is a valid reason for the choice, for example: in line with an employment equity plan, or on objective qualification requirements, the choice will not be unfair. However, if the decision is not made upon objective grounds, and a court makes a finding of unfair discrimination against your company, this can potentially have serious implications.

Ivan Israelstam

Why is clarification of the date of the sale of a business so relevant? The Labour Relations Act provides protections for employees when ownership of a business changes hands. Potential sellers and purchasers need to take very good care not to transgress those employee protections. Ivan Israelstam explains further.

Newly appointed supervisors and managers do sometimes find difficulty in understanding what is meant by a "fair labour practice". As Ivan Israelstam explains in this article, it is not quite as simple to identify what is unfair as it is to identify what is illegal in criminal law. This article sets out very plainly the questions managers and supervisors should ask themselves to determine whether their actions will be seen as "fair" - or unfair

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