Advertise on podcast: Labour Matters with Andrew Levy

In this episode, Sarah Levy and Andrew Levy tackle the challenges of absence management and sick leave abuse, providing clear legal guidance for employers navigating common dilemmas. Key discussion points include: - Can employers require employees to see a company-appointed doctor? Andrew explains the legal basis and how to handle refusals. - Sick leave vs. annual leave disputes. What happens when an employee tries to convert declined sick leave into annual leave? - Sick leave taken during annual leave. Andrew clarifies when employees can rightfully claim sick leave. - The importance of clear workplace policies to prevent confusion and misuse of leave entitlements. Employers often struggle with balancing fairness and compliance in absence management, this episode offers practical solutions to ensure your policies align with labor law. Website

In this episode, Andrew Levy and Sarah Levy explore the complex and often contentious issues of workplace harassment and bullying, unpacking key legal principles and real-world case studies. Key discussion points include: - Defining harassment; what constitutes unwanted conduct and how to assess a hostile work environment. - A detailed breakdown of a workplace bullying case, where allegations were made but evidence did not support the claim. - The fine line between legitimate management practices vs. bullying, especially in performance management scenarios. - Addressing false allegations made in bad faith; how to navigate these cases while maintaining fairness. - The reality of false allegations in sexual harassment cases and why they remain rare, despite misconceptions. This insightful conversation sheds light on the legal nuances of workplace misconduct and the importance of fair, evidence-based investigations. Website

In this episode, Andrew Levy and Sarah Levy dive into the newly published draft Code of Good Practice on Dismissal, a long-anticipated shift in labor legislation. Andrew reflects on his 20-year stance against overly complex dismissal procedures and sees this as a long-overdue victory for common sense in labor law. Key discussion points include: - The move toward simplified dismissal procedures and its impact on businesses, especially smaller enterprises. - Changes to retrenchment procedures and how they streamline processes for employers. - The codification of incompatibility cases, with Sarah referencing historical case studies. - Major updates to probation period management, including the removal of investigative requirements. - Notable omissions in the new code, such as the lack of references to union officials. Andrew wraps up by announcing a webinar on March 6th to explore these changes in greater depth. Webinar information · Website

Once it is established that there is a dysfunctional employment relationship that is going nowhere, the notion of a mutual separation agreement comes into force. Andrew Levy discusses the merits of this course of action, how it can be effected by agreement, and, more importantly, without the threat of a constructive dismissal or follow-up from the CCMA. Website

Hear what Andrew Levy has to say about dismissing those seemingly "undismissable" employees who just don't fit into your organisation and how you can manage this in terms of the LRA's requirements for a fair dismissal. He also sets out your options for the termination of the employment under these trying circumstances. Website

Andrew Levy provides some answers to the current dilemma with regard to the hiring and employment of foreign nationals, illegals, and the issue of work permits. The employer's obligations in terms of their status and the prevailing immigration law is explained, as too is the question of whether they are covered under our current labour legislation. Website

Listen to Andrew Levy explain what is meant by the concept of the 'pay see-saw' and the upward and downward pressures that move it in a particular direction. He also touches on the current index of earnings and how this has moved pre- and post Covid, as well as employers' expectations in terms of union and salary increases in 2023. Website

Listen to what Andrew and Sarah Levy have to say about four important issues that will impact the workplace in 2023 - - The question around the employment of foreigners Get a handle on the Government's draft plan to deal with the "illegals" issue and at the same time attract skilled labour - The outlook for inflation in 2023 and how this will affect wage demands, employee expectations and settlements in the coming year - Workplace harassment - a new code of practice Find out how the code aims to eliminate sexual and racial harassment and address the problem of bullying in the workplace - The amended Employment Equity Act Find out what this means for small businesses with the narrow definition of a "designated employer" and who will be responsible for setting sectoral numerical targets Website

Often regarded as a dull piece of legislation, Andrew looks at the intricacies of the BCEA dealing as it does with everyday work issues and having the greatest influence on the employer. He discusses the importance of the definitions, the distinction between wage and remuneration, how ‘ordinary’ hours of work are defined, "use it or lose it" policies for leave, changing hours of work and why most incentives and bonuses are not discretionary. Leave and absence, sick leave and medical certificates, terminations, the issue of short time and the 13th cheque are all part of the mixed bag. Website

Listen to what Andrew has to say about government and in particular the outcome of the 2022 Eskom wage negotiations. Why Eskom’s negotiation strategy went wrong from the start, lacking credibility and leading to unlawful strike action - when as an essential service, wage arbitration could have saved the day. Why government saw fit to intervene and significantly took a strong and critical stance against the unions and its members. Why government intervention in a strike situation is not recommended and how the forced settlement at Eskom will affect upcoming negotiations in the public sector and set a serious precedent. Website

As we move into a changed work environment, hear Andrew’s views on The Code of Practice on Managing Covid and The Prevention and Elimination of Harassment in the Workplace and how they will work in practice. Prior to the enactment of the 1995 Labour Relations Act, labour law was rigid in terms of obeying rules but now there is now a greater focus on Codes to regulate the standards of behaviour. The Codes rely on self-discipline from employers, as employees can blow the whistle and run straight to the CCMA with any infringement. The Code on Managing Covid includes the issues of testing, vaccination, sick leave, policies and refusers. The Code on Harassment introduces the umbrella term of ‘harassment,’ the law on racist and sexist behaviour and the concepts of ‘bullying’ and ‘workplace bullying.’ Know your Codes: Andrew & Sarah Levy will be running two morning Zoom Webinars on the following dates Session 1: The Code of Good Practice: Managing Covid in the Workplace: Tuesday 31 May 2022 Session 2: The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace: Thursday 2 June 2022 For more information email [email protected] or call +27 83 227 0286 Website

As we move into the traditional wage round in 2022, hear Andrew’s take on what is impacting the labour market - notably the war in Ukraine, increased fuel and food prices and the rise in inflation. How this will affect union wage demands and how employers are likely to respond under the current economic circumstances? What the likelihood of strike action will be in the coming months, what sectors are hotspots for action and why unions are holding out for settlements that are unattainable and often result in long term wage loss. Know your Codes: Andrew & Sarah Levy will be running two morning Zoom Webinars on the following dates: Session 1: The Code of Good Practice: Managing Covid in the Workplace: Tuesday 31 May 2022 Session 2: The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace: Thursday 2 June 2022 For more information email [email protected] or call on +2783 227 0286 Website

Find out why it is so important to collect, evaluate and present evidence correctly in disciplinary hearings in order to win a case. What is the difference between information, evidence and proof and when does evidence become proof? Why is the wording of the charge so important and how do the common law obligations fit in? How does an employer conceptualise its case in order to be successful and what is the burden of proof in the case of a disciplinary hearing as opposed to a criminal case? Website

Find out what Andrew’s views are on wages and collective bargaining as South Africa moves into a post-Covid economy. What approach will the unions be taking as wage negotiations get underway and will they be able to make up for lost ground during lockdown conditions? How will employers deal with increased demands from unions following the levelling out of wages during lockdown in these tough economic times? What is the outlook for strike action this year as the parties entrench their positions in an uncertain and bleak trading environment? Why is GDP growth so important and what steps need to be taken by the government to open up the labour market and create much needed jobs? Website

Listen to Andrew Levy as he discusses why wage differentials are important in the understanding of the issue of pay structures and pay equality. There are, he says, never disputes about wages only the comparison between wages and it is important to understand how these differences arise and why they can be regarded as fair. For examples, different industries pay different rates with some being high paying and others low paying. Skilled employees can earn more in most areas, whilst unions can bargain for more for their members. Geographic differentials also play a part. Larger organisations can pay more and a dangerous job will command more. In summary, it is this understanding of why people do not have to be paid the same, that leads to an understanding of pay equality and the equilibrating forces that underlie it. Website