Labour Law Management Consulting

13/11/2017

Workplace fraud, by its nature, is a secretive act. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Collins Concise Dictionary defines fraud as “deliberate deception, trickery or cheating intended to gain an advantage”. This means that those frauds for which employees have been caught are likely to be only the tip of the iceberg. As shown in the Rope constructions case reported later in this article, even apparent frauds discovered by employers may go unpunished because of lack of proof that the accused was in fact the fraudster.

In order to prove fraud the employer must show that the accused employee was the one who committed the act and that he/she did so for gain. However, such gain would not have to be confined to direct financial advantage. The fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. For example, claiming false qualifications for a job would be fraudulent in the sense that the job applicant would be gaining employment based on a lie.

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South African Labour Law for Employers and Employees

31/10/2017

BEWARE DISMISSALS BASED ON SPITE

BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [email protected]. Go to: www.labourlawadvice.co.za

Feelings of spite arise at work for a great variety of reasons such as:

 Resentment due to the lodging of grievances

 Power struggles between managers

 Racial and other prejudices

 Scapegoating

 Managers feeling threatened by other managers or senior staff

 Sexual affairs

 Favouritism and victimisation

 Nepotism

 Change in management and the development of factions

 Personal clashes between people in power

Feelings of spite occur across the spectrum of private businesses, government departments, statutory bodies, academic institutions, welfare organisations and NGOs. While these smouldering, subtle conflicts affect all levels of employees they tend to become much bigger, much more intense and much more damaging when employees lodge grievances against their superiors.
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https://labourlawadvice.co.za/articles/

23/10/2017

DISMISSALS UNFAIR IF EMPLOYMENT RELATIONSHIP STILL TOLERABLE

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: [email protected]. Go to: www.labourlawadvice.co.za

Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety of others, wilful damage to the employer’s property, gross dishonesty and assault.

While these examples are not the only potential justifications for dismissal, even these gross offences will not automatically give the employer the right to dismiss. This is because, in addition to looking at the seriousness of the offence itself, the person imposing the sanction is obliged to consider:

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https://labourlawadvice.co.za/articles/

16/10/2017

RETRENCHMENTS AND MUTUAL TERMINATIONS FUELING JOB LOSSES
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: [email protected]. Go to:www.labourlawadvice.co.za

One must go far back in South African History to find a time when as many employees were losing their jobs as is happening right now. While retrenchments are at an historical high mutually agreed terminations are also on the increase. The reasons that such a package might be offered by the employer are many and varied and include, amongst others, the following:

The employer believes that the employee and another person in the organisation are incompatible and that a mutually agreed separation would be best

https://labourlawadvice.co.za/retrenchments-and-mutual-terminations-fueling-job-losses

South African Labour Law for Employers and Employees

02/10/2017

GAPS IN THE LRA LEAVE PARTIES GUESSING

BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting.


In the mid 1990s the old labour legislation was repealed and was replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree on a number of important details of law which were therefore omitted from the LRA. Some detail as to the intention of the law is provided in the form of codes of good practice. For example, included in Schedule 8 of the LRA is The Code of Good Practice: Dismissal which guides parties as to procedures and principles that should be followed.

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https://labourlawadvice.co.za/gaps-in-the-lra-leave-parties-guessing

29/09/2017

REFUSED PROMOTION CAUSES COMMOTION

BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or on e-mail address: [email protected]. Go to: www.labourlawadvice.co.za



The Labour Relations Act (LRA) allows employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council. Should the industry in question have no bargaining council the employee may lodge the dispute at the CCMA.



This does not mean that employees have the right, under any circumstances, to force the employer to promote them. However, where a vacancy does exist that is senior to the job of the employee the situation is different. In such a situation, if the aggrieved employee can prove that he/she has the ability to do the more senior job, the employer has the legal duty to justify why the employee was not given the promotion. While it may be possible to provide such justification this task is not easy.



This is because the employee’s ability to do the job is a strong argument in favour of granting him/her the promotion. Should the employer, for example, be able to prove that someone else was promoted in to the relevant post and that this person was better qualified for the post than the aggrieved employee, the employer will have a good chance of winning the case. On the other hand, if the successful promotee was less qualified than the aggrieved employee the employer is likely to lose.....read more by clicking this link https://labourlawadvice.co.za/refused-promotion

Ivan Isrealstam is CEO of Labour Law Management Consulting and provides Labour Law Advice for Employers, Managers and Employees.

06/05/2016

LABOUR DISPUTE PROCEDURES - HOW DO THEY WORK?
Ivan explains everything Click below to read his article:
http://labourlawadvice.co.za/the-labour-dispute-system-how-it-works/

South African Labour Law for Employers and Employees

19/11/2015

A leading business chamber is expanding and is looking for professional membership recruiters. It is preferable that applicants have a chamber background and wish to operate as freelancers on a commission basis. Please contact Ivan Israelstam on [email protected] or (011)888-7944.

17/09/2015

October SEMINAR not to miss

HOW TO WIN AT THE CCMA R1,995.00 Going to the CCMA or bargaining council can be a nightmare for employers who are not well prepared because South Afr

15/08/2015

http://labour-law-management-consulting.workable.com/jobs/102773

Job opening: Freelance sales Agent at Labour Law Management Consulting. Apply at Workable.

28/04/2015

BEWARE INTERCEPTING ELECTRONIC COMMUNICATIONS...IVAN SPY'S ON THE LEGAL ASPECTS - A MUST READ ARTICLE http://bit.ly/1EN9wOa