Tag: Ivan Israelstam

The cost to the employer can include hearings at CCMA, Labour Court and Labour Appeal Court as well as back pay.

Employers are not entitled to dismiss the employee without a hearing.

The Labour Relations Act (LRA) allows employees to lodge unfair promotion disputes.

An interview with Ivan Israelstam, Chief Executive, Labour Law Management Consulting, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing whether either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making their award, has materially broken a rule.

Either party can take a CCMA arbitrator’s conduct on review to the Labour Court if they are able to prove that the arbitrator, in making his/her award, has materially broken a rule. This is different to an appeal because an appeal is lodged, not against the arbitrator’s conduct, but rather against his/her decision.

The Criminal Law Amendment Act 32 of 2007 (CLAA) prohibits certain employers from hiring or continuing to employ sex offenders. These 'employers' are defined as those that employ staff who, directly or indirectly, deal with vulnerable people.

Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win without witnesses.

The Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth Of A Child (The Code) is aimed at protecting pregnant and post-pregnant employees, and obliges employers to implement a series of appropriate measures to protect pregnant or breast-feeding employees from hazards at the workplace.

The law prohibits employers from disciplining employees who are ill or disabled. The Employment Equity Act prohibits unfair discrimination against employees on the grounds of illness. Section 187(1)(f) of the Labour Relations Act  (LRA) renders automatically unfair a dismissal implemented due to the employee’s illness.

There are a number of important issues relating to disciplinary investigations.