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Labour Law

Panic Is Close Second To The Corona Curse

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 understandable that business owners feel panicky because of the toll Corona is taking on business income. However, many businesses realise that if they implement wholesale retrenchments…

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James Bond Employers Fall Foul Of Probationary Law

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. Website: www.labourlawadvice.co.za. Employers frequently misuse probation agreements to get rid of employees instantly because: the employee has committed misconduct the employer wants to make space for a friend or cousin of…

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Ulterior Motives For Retrenchments Not On

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. While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot…

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Proof of Illness a Vexed Issue

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. Absenteeism is a most problematic form of misconduct because it reduces productivity. Most employers, therefore, require employees who are absent from work due to alleged illness or injury…

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Informal Employment Does Not Protect Employers

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 a common erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law…

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You Cannot Ignore Extenuating Circumstances

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 when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the employee. There are numerous possible remedies…

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Beware Victimising Workplace Grievants

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. Website: www.labourlawadvice.co.za. All grievances should be treated with great care in order to establish their validity and to ensure that they are given appropriate attention.  Some employers are too soft and…

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Treat Workplace Disruptions With 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. Web Address: www.labourlawadvice.co.za. Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of…

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Labour Brokers: The Meat In The Labour Law Sandwich

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 Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem…

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Employees Who Blow The Whistle Are Protected

BY   Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or via e-mail address: ivan@labourlawadvice.co.za. The Protected Disclosures Act no. 26 of 2000 (PDA) protects employees from reprisals as a result of having blown the whistle on the employer. This applies whether the disclosure in question…

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