Infographic: A quick guide to “off-duty” misconduct
In today’s connected world, employee conduct outside working hours can quickly impact the workplace. While employees have a right to privacy, employers may act where off-duty misconduct has a direct and material effect on the [...]
Infographic: Con/Arb Process
A Con/Arb is a dual process where conciliation and arbitration take place on the same day, one directly after the other. It is regulated by Section 191(5A) of the Labour Relations Act (LRA). By Carlene [...]
Infographic: Demarcation Disputes
A demarcation dispute arises when there’s uncertainty or disagreement about which bargaining council an employer or employee falls under. It directly affects which council’s collective agreements and rules apply. These disputes are governed by Section [...]
Infographic: Breach of a Collective Agreement / Picketing Rules
Collective agreements and picketing rules are central to stable labour relations. Breaching these agreements can result in legal disputes, lost productivity, and workplace unrest. This guide outlines what a breach entails and how it’s addressed. [...]
Infographic: Internal Disciplinary Procedures
Internal disciplinary procedures are guided by Schedule 8 of the Code of Good Practice. The process ensures procedural and substantive fairness before any disciplinary sanction, especially dismissal, is imposed. By Tamley Burds Dispute Resolution Official [...]
Infographic: Structure and Compliance of an Employers Organisation
In terms of the Labour Relations Act (LRA) 66 of 1995, an Employer Organisation is a legally recognised body that represents the interests of employers within a particular industry or sector. Its purpose is to [...]
Infographic: The Arbitration Process
Arbitration is a formal dispute resolution process used when conciliation has failed. A neutral commissioner hears both sides, considers evidence, applies legal principles, and issues a legally binding arbitration award. The process is regulated by [...]
Infographic: Structure of Trade Unions
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 [...]
Infographic: Unfair Dismissal based on Operational Requirements
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 [...]
Infographic: Unfair Dismissal Disputes Relating to Fixed-Term Contracts in terms of Section 198B
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 [...]
Infographic: Code of Good Practice (Prevention and Elimination of Harassment in the Workplace)
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 [...]
Infographic: Mutual Interest Disputes
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 [...]
Infographic: Unfair Labour Practice Disputes relating to Unfair Disciplinary Action/Suspension
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 [...]
Infographic: Poor Work Performance
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 [...]
Infographic: Suspension
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: Probationary Dismissal
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 [...]
Infographic: Sectoral Determination
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 [...]
Infographic: Facilitation Process
Facilitation is a structured process used during large-scale retrenchments, where an independent Commissioner assists employers and employees in reaching a consensus over proposed dismissals. Governed by Section 189A of the Labour Relations Act, this mechanism [...]