We specialize and offer legal advice in the following areas:
Unfair Labour Practices:
Employees may refer disputes of unfair dismissals, unfair retrenchments as well as unfair labour practices to the CCMA (or relevant bargaining council) for conciliation and arbitration. Once the CCMA enrolls the matter, the employee may not be represented at the consolidation appearance which will take place first. At the consolidation appearance, the Commissioner from the CCMA attempts to reach a settlement between the employer and erstwhile employee.
An employee must refer an unfair labour practice dispute to the CCMA (or relevant bargaining council) within 90 days.
The Labour Relations Act defines an unfair labour practice as:
Unfair conduct by the employer relating to promotion, demotion, probation or training or the provision of benefits; the unfair suspension (or other unfair disciplinary action short of dismissal) of an employee.
If an employer for example gives a written warning to the employee and the employee is of the opinion that the employer acted unfairly in giving him / her the written warning, the employee may then refer an unfair labour practice dispute to the CCMA (or relevant bargaining council) in order for the latter to “strike out” the written warning. An employee must refer an unfair labour practice dispute to the CCMA (or relevant bargaining council) within 90 days.
A dismissal exists once an employer terminated the services of an employee with notice alternatively with immediate effect. The Labour Relations Act and the Labour Courts recognize the following reasons for which an employer can dismiss an employee: misconduct, medical incapacity, poor work performance and incompatibility.
Constructive dismissal is when the employer did not physically engage in an act to dismiss the employee, yet rather the employee was “ forced to resign” . These instances occur for example when the working environment becomes unbearable and intolerable for an employee to work in due to an employer who continuously belittles the employee, shouts and swears.
Automatically Unfair Dismissals:
An automatically unfair dismissal is when the employer terminate the services and employment of the employee due to the following reasons:
The above is just a tip of a complex and broad iceberg, with which our office can be of the assistance in providing the correct and effective legal advice and/or services.