Compliance Orders are enforcement tools issued by labour inspectors under the Basic Conditions of Employment Act (BCEA) to ensure that employers meet their legal obligations. When a violation of the BCEA is detected, a Compliance Order outlines the steps an employer must take to correct the breach within a specified timeframe. This infographic provides a [...]
Refusal to bargain is a key issue in collective bargaining disputes. While South African labour law does not impose a duty to bargain, disputes over an employer’s refusal to recognise a union, negotiate on mutual interests, or grant organisational rights can escalate to conciliation, strikes, or legal challenges. This infographic outlines the process, legal framework, [...]
Section 73A of the Basic Conditions of Employment Act (BCEA) provides a framework for employees to claim unpaid wages and other related entitlements. This infographic highlights the process for referring a Section 73A dispute, the types of claims employees can make, and key case law that illustrates how these disputes are handled. Understanding these provisions [...]
Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]
Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here's a closer look at the principles and their practical implications, supported [...]
Unilateral changes to the terms and conditions of employment can significantly impact the employer-employee relationship. Section 64 of the Labour Relations Act (LRA) outlines the procedures and protections for employees against such changes. This infographic summarises the legislative framework governing unilateral changes, the processes for dispute resolution, and the potential remedies available to affected employees. [...]
Workplace forums play an important role in enhancing communication and collaboration between employees and employers. They provide a platform for employees to engage in discussions on key workplace matters, fostering better decision-making and promoting a positive work environment. This infographic outlines the essential steps involved in establishing a workplace forum, ensuring that the process is [...]
A rescission application allows a party to challenge an arbitration award or ruling under specific circumstances outlined in Section 144 of the Labour Relations Act (LRA). This infographic explains the grounds for rescission, the application process, and key CCMA rules governing variations and rescissions. It also highlights the difference between rescission and review applications, clarifying [...]
Constructive dismissal occurs when an employee resigns due to unbearable working conditions created by the employer. Under Section 186(1)(e) of the Labour Relations Act (LRA), an employee must prove that their resignation was a last resort, and that the employer was culpable for making continued employment intolerable. This infographic outlines the legal test, the employee’s [...]
Schedule 8 of the Labour Relations Act (LRA) serves as an important guideline for fair dismissals in South Africa, ensuring both procedural and substantive fairness. It helps employers maintain fair disciplinary and dismissal practices while protecting employees from arbitrary terminations. The CCMA relies on these guidelines to assess unfair dismissal claims and enforce equitable labour [...]