LABOUR LAW MANAGEMENT CONSULTING
TEL: (011) 888 7944 or 082 8522973
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 to write 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 for 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
Should you sell or merge your business or should you outsource a part of the functions of your business you are required to ensure that no employees lose their jobs for any reason related to this transfer. This applies even if the transfer of the business or function results in redundant posts and applies to all employers including government, businesses, NGOs, academic instiutions and welfare organisations.
LABOUR LAW ALERT NO.2
On 13 November 2009 the one-day seminar on THE A to Z OF LABOUR LAW is being held in Johannesburg. At this seminar you will get apractical case study highlighting the do’s and don’ts of:
- Recruitment, and Selection – Best Practice and the Law
- Probation and Induction
- Acting Appointments and Legal Pitfalls
- Manpower Development – Implementation and the Law
- Effective Supervision, Performance Improvement and Motivation
- Employment Equity and Discrimination
- Discipline, Dismissal and The CCMA
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 FURTHER SEMINAR DETAILS:
LABOUR LAW ALERT NO.3
BUSY EMPLOYERS FALL PREY TO LABOUR LAWS
by IVAN ISRAELSTAM of LABOUR LAW MANAGEMENT CONSULTING (PHONE 011-888/7944 for further advice)
Many employers are too busy to become experts in labour legislation.
Due to this they land up at the CCMA or bargaining council far too often.
Awareness by employers of highly dangerous labour law provisions can reduce the number of cases brought against them. For example:
Þ An employer who demotes an employee could find itself at the wrong end of an unfair labour practice arbitration hearing
Þ Employers can, in certain cases, be successfully sued for unfair dismissal even if they have not actually fired the employee!
Þ At an unfair dismissal arbitration the employer is normally assumed guilty until it proves itself innocent
Þ Compensation for unfair dismissal is very costly for employers. For example, certain unfair dismissals could cost the employer up to 24 months’ pay
Þ Where a dismissal has been found to be unfair the number one remedy is reinstatement (often with full back pay). This means that often employers will be unable merely to pay the employee off in order to get rid of him.
In order to avoid the above dangers and many others employers should obtain the expertise necessary to:
Þ Train/retrain management/supervision in IR, leadership and disciplinary skills.
Þ Redesign disciplinary policies so that the implementation of discipline is based on constructive, effective but fair corrective measures.
LABOUR LAW MANAGEMENT CONSULTING
PROTECTOR OF EMPLOYER RIGHTS