Our Labour Specialist Provides Insights
Who can help me with Workplace Conflict in SA?
Author: Marike Wessels
Experienced labour law specialist, holding both an LLB and an LLM in Labour Law. As an admitted attorney, she brings a high level of expertise to her practice. Marike places a strong emphasis on building personalized relationships with clients, which she believes is essential for providing effective and tailored labour advice.
Author: Marike Wessels
Experienced labour law specialist, holding both an LLB and an LLM in Labour Law. As an admitted attorney, she brings a high level of expertise to her practice. Marike places a strong emphasis on building personalized relationships with clients, which she believes is essential for providing effective and tailored labour advice.
Who can help me with workplace problems?
Life can change in a split second, but being prepared for whatever ‘Work’ throws at you, is the difference between workplace problems and workplace solutions.
As Labour specialists, we understand that keeping up with all the amendments to the South African Labour Laws, the principles set by case law, and then having to figure out how your own workplace challenges fit in with the legal principles, can be difficult to navigate on your own.
The Basic Conditions of Employment Act primarily governs the South African Labour Laws, 75 of 1997 (hereinafter the BCEA), the Labour Relations Act, 66 of 1995 (hereinafter the LRA) and case law.
Article Content
What are my employment Rights?
It is important to note that the Labour Laws are designed to protect employees and aim to ensure a fair and just workplace, and maintain a balance of power between the Employer and Employee.
The most important rights include, but are not limited to:
- Protection against being unfairly dismissed
- Protection against discrimination in the workplace
- Protection against Bullying and Victimisation
- The right to fair labour practices
- The right to be treated with dignity and respect
- The right to a safe working environment or conditions
- The right to join a trade union and collective bargaining
- Fair remuneration and working hours, etc.
As an employee, it’s important to know your rights.
Common Workplace Conflict Scenarios:
Unfair dismissal
Unfair dismissals are regulated by the Labour Relations Act (LRA). Employees are protected against unfair dismissal by the Employer, meaning that an employee cannot be dismissed without cause, also referred to as substantive fairness, nor can the employee be dismissed without a proper procedure being followed, also referred to as procedural fairness.
Substantive fairness
In terms of Labour laws, the latter refers to whether the reason for the dismissal was just and reasonable; the Company must have valid reasons to dismiss an employee, such as:
- Misconduct,
- Incapacity, or
- Due to Operational requirements.
Procedural fairness
In cases of misconduct:
- Did the employee receive proper notification of the hearing?
- Was the employee given a reasonable time to prepare?
- Was the employee afforded a fair opportunity to respond to the allegations against him/her?
- Was the chairperson impartial?
- Was the employee given a written outcome containing the reasons for dismissal?
Unilateral changes of employment
Another common problem in the workplace that employees deal with is when the Employer unilaterally changes the material terms and conditions of the employment relationship.
Examples of unilateral changes include, but are not limited to:
- a reduction in salary,
- a reduction of benefits,
- increased working hours.
It is important to note that the employer is not permitted to make any material changes to the terms and conditions of employment without prior consultation with the employee, and the employee’s agreement thereto is obtained.
Need a Labour Lawyer in South Africa?
Who can help me?
Parties that can help with problems other than seeking legal advice from a legal practitioner who specialises in Labour Law, include but are not limited to:
Labour Trade Unions
The role of Trade unions is to advise employees on workplace rights, allow the union to negotiate on behalf of its members (e.g. Wage negotiations), to represent members in disciplinary proceedings and advocate for employee rights in the workplace.
It is important to note that employees have the right to form or join a trade union.
CCMA (Commission for Conciliation, Mediation and Arbitration)
The role of the CCMA is to resolve labour disputes by way of dispute resolution processes such as conciliation, arbitration and/or mediation.
The CCMA is a government body which provides free dispute resolution for employees involved in unfair dismissals, subjected to unfair labour practices, contractual disputes and non-payment of statutory monies.
Labour Courts / Labour Appeal Court
The role of the Labour court, being a judicial body, is to hear and rule on labour disputes which the CCMA was unable to resolve, disputes involving constitutional matters (e.g. discrimination).
The status of the Labour Court is similar to that of the High Court, but the jurisdiction is limited to labour-related matters.
Department of Employment & Labour
The role of the Department of Employment & Labour is to protect and promote the rights and well-being of employees in South Africa by way of enforcing labour laws and regulations, ensuring fair labour practices, promoting fair labour practices protecting Occupational health and safety.
Employees can lodge a complaint with the department regarding non-payment of salaries, non-compliance with labour laws or having to work in an unsafe working environment.
Internal Human Resources Department
The role of the Company’s internal HR department is crucial in the workplace, as they manage employee-related matters, ensuring a positive, safe, fair and equitable workplace. They also ensure that the Company is compliant with the relevant labour laws, to mitigate legal risks.
Ultimately, the HR department is the go-to link between employees and management.
In Conclusion
Our approach is designed to honour our commitment to empowering clients and providing them with the necessary knowledge and skills to deal with workplace challenges.
In conclusion, having to face challenges in the workplace, irrespective of whether you are an employer or an employee, is inevitable, but we are equipped to assist you with either avoiding common workplace challenges, mitigating the impact of the challenges and/or ensuring the best possible outcome when having to resolve a problem in the workplace.
Let us help you with what ‘Work’ throws at you