Tag: Ivan Israelstam
Panic is close second to the corona curse
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 they will not only lose valuable skills but will also reduce the buying power of the public. This would then further reduce the business’s ability to earn an income.
Poor conduct can mean poor management
Consistently poor conduct normally reflects a management that is either unskilled or unwilling to manage employee conduct.
Cross examination at disciplinary hearings
It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.
Employers must protect themselves
Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me |
South African statutory and case law provides heavy protections for employees.
For...
When is dismissal fair?
In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work and had displayed a ‘negative attitude’.
Terminating fixed-term contracts a headache
It often happens that an employer needs to terminate fixed-term contracts prior to its natural expiry date because there is unexpectedly no more work for the temporary employees. This can be tricky.
Traversing the labour law jungle
The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray?
Labour law training puts management on track
Labour law training is an operational necessity. However, it often happens that managers at whom this training is targeted often have the attitude of, 'let HR handle daily disciplinary problems, I’ll just mess it up'. But the implementation of discipline is an integral part of line management’s function and no manager can turn down the opportunity to add to his/her skills.
Dereliction of duty charges must be proven
Dereliction of duty is a charge that is tempting for employers to use especially when they are angry with the employee concerned.
Use aggravation to counter mitigation
When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:
