CCMA / Arbitration / Labour Court
Unfair /Constructive dismissal
Unfair labour practices
Employment Contractual Agreements
Unfair dismissal
An unfair dismissal is when an employee is dismissed by their employer for a reason that is not fair or justifiable. The Labour Relations Act (LRA) of 1995 sets out the grounds on which an employee can be dismissed fairly. These grounds include misconduct, incapacity, and redundancy.
If an employee believes that they have been unfairly dismissed, they can take their case to the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA will try to help the parties reach an agreement. If they are unable to agree, the matter may go to arbitration or the Labour Court.
Constructive dismissal
Constructive dismissal occurs when an employer’s actions make it impossible for an employee to continue working. This could include things like changing the employee’s job duties, reducing their salary, or creating a hostile work environment.
If an employee believes that they have been constructively dismissed, they can take their case to the CCMA. The CCMA will consider the facts of the case and decide whether the employee has been constructively dismissed. If they find that the employee has been constructively dismissed, they may award the employee compensation.
Unfair labour practice
An unfair labour practice is any act or omission by an employer that is in conflict with the LRA. This could include things like discrimination, harassment, or victimisation of employees.
If an employee believes that they have been subjected to an unfair labour practice, they can take their case to the CCMA. The CCMA will try to help the parties reach an agreement. If they are unable to agree, the matter may go to arbitration or the Labour Court.
Employment contractual agreements
An employment contractual agreement is a written agreement between an employer and an employee that sets out the terms and conditions of the employment relationship. This could include things like the employee’s job title, salary, hours of work, and benefits.
The LRA sets out a number of requirements that must be met for an employment contractual agreement to be valid. These requirements include the agreement being in writing, the agreement being signed by both parties, and the agreement being fair and reasonable.
CCMA
The CCMA is a statutory body that was established by the LRA to promote and facilitate fair labour practices. The CCMA has a number of functions, including:
Arbitration
Arbitration is a process whereby a neutral third party (the arbitrator) is appointed to resolve a dispute between two parties. The arbitrator will make a binding decision on the dispute.
Arbitration is often used to resolve labour disputes, such as unfair dismissal cases. The LRA sets out a number of rules and procedures that must be followed in arbitration proceedings.
Labour Court
The Labour Court is a court of law that has jurisdiction to hear and determine all matters arising from the LRA. This includes matters relating to unfair dismissal, constructive dismissal, unfair labour practices, and employment contractual agreements.
The Labour Court is a specialized court that has expertise in labour law. The court’s decisions are binding on all parties.
