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Labour Law

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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Labour Laws Partner Corona In Weakening Business Economy

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 Government intervention in post Corona recovery has to focus heavily on freeing employers of legal restrictions that constrain flexibility and productivity. Currently employers are hampered from surviving, prospering,…

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Lawyers May Be Allowed 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. Employers have normally disallowed external legal representatives to represent accused employees at disciplinary hearings. This is mainly due to the provisions of Schedule 8 of the Labour Relations…

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Assault Not Always Reason To Fire

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. Even serious assault might not merit dismissal if the employer is unable to show that the misconduct rendered the employment relationship intolerable. The Code of Good Practice: Dismissal…

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Corona Forces Updates Of Your Workplace Rules And Employment Conditions

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. Since 1995 the Labour Relations Act (LRA) and Basic Conditions of Employment Act have been replaced with entirely new versions. However, as large as this body of legislation…

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False Job Credentials A Frequent Reality

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. Once the Corona virus has passed, South Africa’s badly weakened economy will offer even fewer jobs than it did in the pre-Corona era. The resulting heavy competition for…

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