unfair labour practice

This week Ivan Israelstam explains that there are four main categories breaching employee rights, that are referred to the Commision for Conciliation Mediation and Arbitration (CCMA). They are unfair dismissal, unfair discriminatin, unfair labour practice, and failure to comply with minimum wage legislation. Ivan then unpacks what are considered unfair labour practices relating to benefits.   

This week Ivan Israelstam provides examples from the Commission for Conciliation Mediation and Arbitrator and the Labour Court to explain the complexity of decisions on what may be considered as an unfair labour practice.  

The Protected Disclosures Act protects an employee who "blows the whistle" on company non-compliance. In addition, an employer who takes disciplinary action against an employee for whistleblowing may find that they have committed an unfair labour practice in terms of the Labour Relations Act. Ivan Israelstam explains what happened in some relevant cases.

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.

Managers and supervisors do often grapple with the concept of an "unfair labour practice". Seeking the definition in the Labour Relations Act (LRA) doesn't make things entirely clear because within the LRA definition, the term "unfair" is used a number of times. So how do managers and supervisors decide whether the action they are about to take is "unfair"? Ivan Israelstam uses cases to illustrate the difficulty.

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