A trade union is a legally registered organisation of workers formed to promote and protect their workplace rights. Governed by the Labour Relations Act (LRA), trade unions play a key role in collective bargaining, dispute resolution, representation, and labour advocacy. By Ernest Masupye Senior Collective Bargaining Co-ordinator at Consolidated Employers Organisation (CEO SA)
A dismissal based on operational requirements, commonly known as retrenchment, occurs when an employee is let go due to the employer’s economic, structural, or technological needs. This is a no-fault process, meaning it’s not related to the employee’s performance or conduct. The process is governed by Section 189 of the Labour Relations Act 66 of [...]
Fixed-term contracts are intended for temporary employment. However, when these contracts are misused or repeatedly renewed, disputes may arise – especially if employees believe they should have been retained permanently. Section 198B of the LRA regulates these contracts to prevent abuse and protect employees from unfair dismissal. By Lee-Ann Venter Dispute Resolution Official
Harassment in the workplace is a serious issue affecting dignity, safety, and equality. The Code of Good Practice under the Employment Equity Act provides guidance to employers on preventing and responding to harassment of any kind. By Joanie Prinsloo Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
Mutual interest disputes arise when employees (or unions) demand benefits or rights they aren’t legally entitled to, such as wage increases or improved working conditions. These disputes don’t involve legal breaches but rather negotiation over new terms, often leading to strikes or lockouts if not resolved. By Lauren Moodaley Dispute Resolution Official at Consolidated Employers Organisation [...]
Disputes over unfair disciplinary action or suspension often arise when employers impose sanctions without following fair procedures. Section 186(2)(b) of the Labour Relations Act defines such practices as unfair labour practices when they occur without valid reasons, consistency, or due process. By Keotshepile Kodisang Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)
Poor work performance is a form of incapacity and must be dealt with fairly and systematically under South African labour law. The Code of Good Practice in Schedule 8 of the Labour Relations Act sets out clear expectations for employers when addressing performance-related issues. This infographic outlines the legal framework, required procedures, and best practices [...]
Suspension is a precautionary or disciplinary measure used by employers to remove an employee from the workplace temporarily under specific circumstances. It must be applied fairly, lawfully, and with due process to avoid disputes. This infographic highlights when suspension is appropriate, what questions employers should ask, and the correct process to follow to ensure procedural [...]
Dismissing an employee during or at the end of a probationary period is a sensitive matter requiring compliance with legal and procedural standards. Probation is not a loophole to bypass fair labour practices. This infographic outlines the legal framework, performance management expectations, employer obligations, and dispute resolution process relating to probationary dismissals under South African [...]
Sectoral Determinations are a cornerstone of South Africa’s labour law framework. Issued by the Minister of Employment and Labour, these legally binding determinations set minimum employment standards such as wages and working hours for specific sectors of the economy. This infographic breaks down the legal basis, impact, and processes relating to sectoral determinations, including how [...]