Thread: [Pretoria-oracle] Labour Law Advice Newsletter

SourceForge Headquarters 225 Broadway Suite 1600 San Diego, CA 92101 +1 (858) 454-5900

 You are being sent this mail from a mailing list and if you believe
that you are receiving this mail in error or you did not subscribe to
it, we apologise for any inconvenience in advance. If you do not wish
to receive mail from this source again, please INSTANTLY unsubscribe
HERE <http://www.unews.co.za/labour/?p=unsubscribe>
. This disclosure is in accordance with legislation. Please allow for
3-5 working days for the un-subscription to become effective. The act
(Electronic Communications and Transactions Act, 2002

No. 25 of 2002) states:Click Link:
http://www.internet.org.za/ect_act.html#Unsolicited_goods_services_or_communications

*!LABOUR LAW ALERT!*
* *
* LABOUR LAW MANAGEMENT CONSULTING

 TEL: 0118887944 or 0828522973

 E-mail: lab...@ab... <mailto:lab...@ab...>
. 

 Go to: www.labourlawadvice.co.za <http://www.labourlawadvice.co.za/>
.
*

* * 

*BY * lvan lsraelstam, CEO of Labour Law Management Consulting.

This *LABOUR LAW ALERT*is 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 ALERT**NO.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 ro...@la...*
* *
* *
*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*

You are being sent this mail from a mailing list and if you believe that
you are receiving this mail in error or you did not subscribe to it, we
apologise for any inconvenience in advance. If you do not wish to receive
mail from this source again, please click here
http://unews.co.za/labour/?p=unsubscribe&uid=cc735097aa3c5f04901b09c441ed9ba8
to unsubscribe from our database.
This disclosure is in accordance with legislation.
Please allow for 3-5 working days for the un-subscription to become
effective.

If you do not want to receive any more newsletters, 
http://unews.co.za/labour/?p=unsubscribe&uid=cc735097aa3c5f04901b09c441ed9ba8

To update your preferences and to unsubscribe visit
http://unews.co.za/labour/?p=preferences&uid=cc735097aa3c5f04901b09c441ed9ba8
Forward a Message to Someone
http://unews.co.za/labour/?p=forward&uid=cc735097aa3c5f04901b09c441ed9ba8&mid=6

--
Powered by PHPlist, www.phplist.com --

Thread: [Pretoria-oracle] Labour Law Advice Newsletter

pretoria-oracle