Chapter 31 – Constructive Dismissal

24 April 2024
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Chapter 31 – Constructive Dismissal A resignation, constructed by an employer’s unjustified and unbearable conduct, is called constructive dismissal. If it can be proved that the intolerable circumstances were caused by the employer’s unfair conduct – then the employee is likely to win the unfair constructive dismissal case. The Labour Relations Act includes, as a type […]

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Chapter 30 – Victimisation

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Chapter 30 – Victimisation The labour law prohibits the victimisation of employees in retaliation for referring a dispute to the CCMA, joining a trade union; and reporting any infringements committed by the employer to the authorities. The penalty against employers who victimise their employees in this way is likely to be harsh.

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Chapter 29 – The Use of Labour Law Expertise

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Chapter 29 – The Use of Labour Law Expertise The biggest reason why employers land up at the CCMA, the Bargaining Councils and/or the Labour Court – and why employers then often end up losing the case – is the employer’s inadequate expertise with regards to employee management and labour law matters. In South Africa, […]

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Chapter 28 – Demotion

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Chapter 28 – Demotion When it comes to demotion in the workplace, employers should hesitate to demote employees unless all four factors are present. If all four factors cannot be proven by the employer – then an arbitrator at the CCMA, or another forum, is likely to find the demotion to be unfair. In cases […]

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Chapter 27 – The CCMA

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Chapter 27 – The CCMA No employer should ever ignore any document received from the CCMA. Instead, all documents must immediately be passed on to the employer’s internal or external labour law expert for action. If the CCMA document that the employer receives is a notice of set down, the employer must note when and […]

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Chapter 26 – The Statutory Dispute Resolution and Law Enforcement Process

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Chapter 26 – The Statutory Dispute Resolution and Law Enforcement Process The statutory labour dispute resolution system is primarily based on five institutions, which are as follows: The Department of Employment and Labour / Bargaining Councils / The Commission for Conciliation, Mediation and Arbitration (CCMA) / The Labour Court and / The Labour Appeal Court. […]

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