A dismissal is considered automatically unfair when it occurs for reasons that violate fundamental employee rights protected by law. Section 187 of the Labour Relations Act (LRA) sets out specific grounds that render a dismissal automatically unfair, including participation in protected strikes, pregnancy, and acts of discrimination. This infographic outlines what constitutes an automatically unfair [...]
Disputes involving unfair labour practices are common where employees feel aggrieved by decisions relating to promotion, demotion, probation, training, or benefits. Protected under Section 23 of the Constitution and defined in Section 186(2)(a) of the Labour Relations Act (LRA), these disputes focus on the fairness of employer conduct rather than dismissal. This infographic outlines the [...]
Dismissals for poor work performance fall under the category of incapacity and must be handled in line with the principles of fairness outlined in the Code of Good Practice: Dismissal under the Labour Relations Act. This infographic provides a clear framework for determining whether a dismissal related to poor performance is substantively and procedurally [...]
Mutual Separation Agreements (MSAs) are written agreements in which both the employer and employee voluntarily agree to end the employment relationship. Unlike a dismissal, an MSA is a contractual arrangement and does not fall under the CCMA or Bargaining Council’s jurisdiction, unless there is evidence of coercion, duress, or misrepresentation. This infographic outlines the essential [...]
The In Limine process allows the CCMA or a party to raise preliminary legal or procedural issues that must be resolved before the main dispute can be heard. These issues, often relating to jurisdiction, representation, or timeframes, are addressed in a dedicated in limine hearing or during scheduled proceedings. This infographic outlines the purpose, procedure, [...]
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. [...]