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LABOUR LAW MANAGEMENT CONSULTING
TEL: 0118887944 or 0828522973
BY lvan lsraelstam, CEO of Labour Law Management Consulting.
This LABOUR LAW ALERTis brought to you by Labour Law Management Consulting (LLMC) a leading provider of labour law and IR consulting and training services throughout South Africa. In addition, LLMC's CEO draws on his 25 years’ experience of writing a weekly labour law column for The Star newspaper's Workplace and is co-author of two labour relations books. He has been a CCMA Commissioner and is the Chairperson of SACOB's Labour Affairs Committee. This, together with the fact that our CEO is in demand as a speaker at conferences and seminars places LLMC at the cutting edge of the labour relations field. In recognition of his exceptional work in this field, our CEO has been included in the book “WHO’S WHO IN SOUTHERN AFRICA”.
LABOUR LAW ALERT brings you important news of developments crucial to your workplace. These include clearly explainedlabour law statutes, crucial court and CCMA findings and news of training courseson how to walk the tightrope between workplace effectiveness and labour law compliance.
LABOUR LAW ALERTNO.1
At the CCMA the employer becomes the defendant charged with unfair dismissal. Despite this, the employer is normally forced to present its case first before hearing the detail of the employee’s complaint. Therefore, before going to the CCMA employers should prepare extremely well and try to anticipate what the employee’s case will be based on.
LABOUR LAW ALERT NO.2
On 24 July 2009 the one-day seminar on DEFEATING THE DANGERS OF DISMISSAL is being held in Johannesburg. At this seminar you will get:
- Clarity on the law relating to discipline and dismissal
- The steps necessary for ensuring procedural and substantive fairness
- Tips on converting evidence into proof so as to present a convincing case
- The knowledge and confidence to balance effective discipline with legal compliance
FACILITATOR: IVAN ISRAELSTAM
Ø Former CCMA Commissioner
Ø 13 years providing CCMA representation
Ø Chairperson of Labour Affairs Committee of
the SA Chamber of Commerce and Industry
Ø Author of numerous labour law articles and books
FOR BOOKINGS AND FURTHER SEMINAR DETAILS:
Please contact Ronni on 0845217492 or firstname.lastname@example.org
LABOUR LAW ALERT NO.3
Uncertainty about the law contributes to confusion amongst employers as to what their labour law rights and obligations are. One of these terms is victimisation.
VICTIMISATION is defined as “targeted mistreatment carried out for a specific reason”. E.g., An employer overloads one employee in order to force a resignation.
Labour legislation does not specifically mention that shouting at, insulting, assaulting or making unfair threats against an employee are prohibited. However, the law does allow employees treated in this way to claim constructive dismissal, unfair discrimination and/or unfair labour practice.
For example, in the case of Walters vs Transitional Local Council of PE and Another (2001, 1, BLLR 98) the employer had appointed a black job applicant ahead of Ms Walters, a white female applicant, despite the fact that the white applicant was better qualified. The Court found that this amounted to unfair discrimination and ordered the employer to appoint Ms Walters. This posed a serious problem for the employer as it had already appointed the black candidate and therefore had two employees but only one position.
The significance of this case is that:
· Had the employer had a proper and comprehensive affirmative action policy it is likely that the Court would not have found that the employer unfairly victimised the employee due to her race.
· The Labour Court will be willing to deal with unfair practices, including victimisation, covered by the Constitution but not dealt with in the labour statutes.
· Employers who do not know the law are likely to be penalised heavily for victimising employees.
LABOUR LAW MANAGEMENT CONSULTING
PROTECTOR OF EMPLOYER RIGHTS