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 [...]
Freedom of association is a foundational right in South African labour law, empowering employees to join unions and workplace forums without fear of discrimination or retaliation. Protected by the Constitution and the Labour Relations Act, this right is essential for fair labour practices. This infographic outlines what freedom of association entails, how disputes may arise, [...]
Dismissals without a clear reason are a recipe for legal trouble. Under South African labour law, all dismissals must be both procedurally and substantively fair. If an employee is dismissed and no reason is provided, the law presumes the dismissal is unfair. This infographic outlines the key risks, common mistakes, and the process for dealing [...]
Procedural fairness is a critical component in handling misconduct cases and ensures employees are treated justly during disciplinary processes. Guided by Section 188(1)(b) of the Labour Relations Act (LRA) and Item 4 of the Code of Good Practice: Dismissal, employers are required to follow fair and transparent procedures before imposing disciplinary action. This infographic outlines [...]
Compliance and enforcement disputes arise when employers or unions fail to adhere to the terms of collective agreements or statutory obligations. These disputes are critical to upholding fair labour practices, maintaining workplace stability, and protecting the rights and responsibilities of both workers and employers. This infographic provides an overview of common causes, the legal framework, [...]
Probation, as outlined in Item 8 of Schedule 8: Code of Good Practice (Dismissals), provides employers with a fair opportunity to assess the suitability of new employees before confirming their permanent appointment. It is not a tool to avoid permanent employment obligations but rather a structured process that requires guidance, evaluation, and procedural fairness. This [...]
A Pre-Arbitration Conference (Pre-Arb) is a preparatory meeting held before the arbitration hearing to streamline the process and clarify key issues. Governed by Rule 20 of the CCMA Rules, it helps the Commissioner, employee, and employer identify disputes, agree on procedural matters, and potentially settle issues ahead of time. This infographic outlines when a Pre-Arb [...]
Unilaterally changing an employee’s terms and conditions of employment is a serious legal risk for employers and is expressly prohibited under Section 4(8) of the National Minimum Wage Act. Such changes—whether involving salary reductions, altered working hours, or withdrawn benefits—must be negotiated, not imposed. This infographic outlines the legal requirements, consultation process, dispute resolution pathway, [...]
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 [...]