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Labour Relations Act (LRA) - Act 66 of 1995

Complete guide to employee rights, dismissal procedures, and dispute resolution

Unfair Dismissal
What constitutes unfair dismissal?

A dismissal is unfair if:

  • The employer fails to prove a fair reason
  • Proper procedures were not followed
  • It falls under automatically unfair categories
Fair reasons for dismissal:
  • Misconduct - employee broke rules
  • Incapacity - poor performance or ill health
  • Operational requirements - retrenchment
Automatically unfair dismissal:
  • Dismissal due to pregnancy
  • Participation in lawful union activities
  • Discrimination based on race, gender, etc.
  • Exercising rights under labour laws
Time limit: CCMA referral must be filed within 30 days of dismissal
Disciplinary Process
Progressive discipline steps:
  1. Informal counseling
  2. Verbal warning - valid 3-6 months
  3. Written warning - valid 6-12 months
  4. Final written warning - valid 12 months
  5. Dismissal - for serious or repeated misconduct
Disciplinary hearing requirements:
  • 48 hours' notice minimum
  • Clear charges/allegations
  • Right to representation
  • Opportunity to respond
  • Impartial chairperson
Types of misconduct:
  • Minor: Late coming, absenteeism
  • Serious: Theft, fraud, assault
  • Gross: May justify immediate dismissal
Collective Bargaining
Freedom of association:
  • Right to join trade unions
  • Right to participate in union activities
  • Protection against discrimination
Collective agreements:

Agreements between employer and union that regulate terms and conditions of employment.

Strikes and lockouts:
  • Must follow proper procedures
  • Must be about issues of mutual interest
  • Protected strikes have legal immunity
  • Unprotected strikes may lead to dismissal
Workplace forums:

Representative bodies for consultation and joint decision-making in larger workplaces.

Detailed LRA Procedures and Rights

Automatically Unfair Dismissal

Occurs when dismissal is for reasons protected by law:

  • Participation in lawful union activities
  • Pregnancy or related reasons
  • Discrimination based on race, gender, etc.
  • Exercising rights under labour laws
  • Refusing to do dangerous work
Performance Management

For poor performance dismissals:

  • Establish performance standards
  • Provide training and support
  • Allow reasonable time for improvement
  • Consider alternative positions
  • Follow fair procedure
Ill Health/Incapacity

For dismissal due to ill health:

  • Determine nature and extent of incapacity
  • Consider reasonable accommodation
  • Medical assessment required
  • Explore alternative positions
  • Follow fair procedure
Retrenchment Process

Section 189 process requirements:

  • Valid operational reasons
  • Meaningful consultation
  • Consider alternatives
  • Fair selection criteria
  • Severance pay calculation

Basic Conditions of Employment Act (BCEA)

Your fundamental rights as an employee in South Africa

Working Hours
Maximum ordinary working hours:
  • 45 hours per week
  • 9 hours per day (5-day week)
  • 8 hours per day (6-day week)
  • Maximum 5 days per week unless agreed
Overtime rules:
  • Maximum 10 hours per week
  • Paid at 1.5 times normal wage
  • Agreement required (except in emergencies)
  • Can be substituted with paid time off
Meal intervals:
  • 1 hour after 5 hours of work
  • Can be reduced to 30 minutes by agreement
  • Not counted as working time
Leave Entitlements
Annual leave:
  • 21 consecutive days per year
  • 1 day for every 17 days worked
  • Must be taken within 6 months of accrual
  • Paid at normal wage rate
Sick leave:
  • 30 days in 3-year cycle
  • 1 day for every 26 days worked
  • Medical certificate required after 2 days
  • Pattern absences may be investigated
Maternity leave:
  • 4 consecutive months unpaid
  • Can claim UIF maternity benefits
  • Must give 4 weeks notice
  • Protection against dismissal
Family responsibility leave:
  • 3 days per year
  • For employee's child, spouse, parent
  • For birth, illness, death
Remuneration
Minimum wage:
  • National minimum wage applies
  • Sectoral determinations may apply
  • No deductions without consent
Payment requirements:
  • Paid in South African currency
  • Paid daily, weekly, or monthly
  • Written pay slip required
  • No payment in goods or services
Deductions:
  • Statutory deductions (tax, UIF)
  • With written consent
  • Maximum 25% of remuneration
  • No deductions for breakages/losses

Detailed BCEA Rights and Obligations

Written Particulars

Employer must provide within first day of employment:

  • Employer and employee details
  • Job description and hours
  • Remuneration and benefits
  • Leave entitlements
  • Notice periods
  • Date of employment
Rest Periods
  • Daily rest: 12 consecutive hours
  • Weekly rest: 36 consecutive hours
  • Must include Sunday unless agreed
  • Can be reduced by agreement
Notice Periods
  • 1 week - employed less than 6 months
  • 2 weeks - employed 6-12 months
  • 4 weeks - employed more than 12 months
  • Can be longer by agreement
  • Must be in writing
Prohibited Employment
  • No children under 15 years
  • Restricted employment under 18 years
  • No hazardous work under 18
  • Special permits required

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