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Labour Law

Employees – An Expense Or An Investment?

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za The most important reason for employing people is the need for their skills. The question is whether the money expended in order to acquire and retain these employee…

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Deal Cautiously With Absenteeism

Ensure that the rights of absent employees are adhered to before dismissing BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. The law considers absenteeism over short periods (a day or two) without leave or without good…

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Cross Examination at Disciplinary Hearings

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za Cross examination is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers. However, it is contentious as to whether an accused…

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Dishonesty Won’t Always Merit Dismissal

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer…

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The Awards of Arbitrators Must Be Rational

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za I often receive calls from angry employers who, having been certain of success at arbitration, have received notice that they have lost the case. The reasons that this…

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What is a Fair Reason to Retrench?

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The number of retrenchments occurring in South Africa is alarmingly high. The law requires that: The employer follows a fair procedure aimed at an attempt to find alternatives…

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Make Changes to Employment Conditions With Great Care

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za An employee is entitled, in terms of Section 77(3) of the Basic Conditions of Employment Act, to ask either the civil courts or to the Labour Court to determine any…

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Con-Arb At CCMA

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Web Address: www.labourlawadvice.co.za. The CCMA is constantly overloaded with cases hearing in excess of 150 000 cases a year. This can result in backlogs and delays in resolution of disputes. As…

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Second Generation Outsourcing: Can You Retrench?

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. It is contentious as to whether second generation outsourcing falls under section 197 of the Labour Relations Act, which is the law protecting employees when a business or…

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Constrictive Labour Legislation Necessitates Putting Businesses On Aspirators

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za South Africa’s labour legislation has, since 1996, been gradually but relentlessly removing labour flexibility from our economy. This is alarming because, especially in the modern world of business…

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