Online & On-Site Labour Law Services
We offer both online and personalised on-site labour law consultation services across South Africa. Online services are budget-friendly with no traveling fees.
Why Choose Labour Crew for Labour Law Services?
Expert Labour Law Consultants Protecting South African Businesses
Expert Labour Law Guidance
We ensure all substantive and procedural fairness aspects are adhered to under the Labour Relations Act, significantly decreasing potential financial risks to employers.
Professional CCMA Representation
Professional representation at CCMA Conciliation and Arbitration proceedings to protect your interests and ensure fair outcomes in unfair dismissal cases.
Labour Law in South Africa
The Challenge of South African Labour Law
Labour Law in South Africa is one of the most complex and time-consuming issues an employer can face. Procedural errors during disciplinary hearings can be extremely costly and lead to unfair dismissal claims.
Two-Legged Approach: Substantive & Procedural Fairness
South African Labour Law rests on substantive fairness and procedural fairness as per the Labour Relations Act. Employers MUST comply with both aspects when dealing with employee discipline and dismissals.
The Stakes: CCMA Penalties
CCMA penalties for unfair dismissal include substantial monetary awards, retrospective reinstatement, and potential industrial action by unions affecting company productivity.
Substantive Fairness in Labour Law
Fitting Punishment in Dismissal Cases
The punishment must fit the crime in South African labour law. Employees cannot be dismissed for minor infractions. The action must be serious enough to warrant dismissal as the ultimate sanction.
CCMA Commissioner Scrutiny
CCMA Commissioners and Bargaining Council arbitrators impose heavy sanctions on employers dismissing employees for non-substantive reasons under the Labour Relations Act.
Burden of Proof in Unfair Dismissal
In unfair dismissal cases, the employee only needs to prove dismissal occurred, but employers carry a considerable burden of proof to justify their actions at the CCMA.
Procedural Fairness in Disciplinary Hearings
Common Pitfall in Disciplinary Hearings
In the majority of serious disciplinary enquiries in South Africa, the most common errors resulting in employers losing unfair dismissal cases fall in the procedural fairness category.
Employee Rights Under Labour Law
Various rights are afforded to employees under the Labour Relations Act and BCEA. If any are infringed upon during disciplinary proceedings, a dismissal will be deemed unfair at the CCMA.
Professional Labour Law Consultants in South Africa
Valuable Tool
A Labour Law consultant ensures all aspects are adhered to, significantly decreasing financial risk.
Chairperson Services
Act as chairperson for Disciplinary Enquiries, ensuring proper procedures are followed.
Expert Guidance
Provide guidance to avoid the several pitfalls of employment relationships.
Risk Mitigation
Protect your business from costly mistakes and unfavorable outcomes.
CCMA Conciliation and Arbitration Processes
Conciliation Phase
The Commissioner acts impartially to resolve disputes through settlement. Process is without prejudice with no documentary evidence submitted.
Arbitration Phase
Document bundles are submitted and properly indexed. The Commissioner listens to evidence and provides a binding ruling enforceable by the Sheriff.
Don't Ignore Summons
Ignoring CCMA or Bargaining Council summons makes things worse. The Commissioner bases rulings on uncontested evidence, incurring significant costs.
Employment Contracts in South Africa
Not Just Formality
Important documents for both employee and employer, stipulating contract type and conditions.
Code of Conduct
Includes employer's disciplinary code, making it easy to prove rules exist and employee awareness.
Terms & Conditions
Defines procedures for sick reporting, working conditions, cellphone use, and restraints of trade.
Protection
Sets favorable conditions without breaching the Basic Conditions of Employment Act.
Ready to Get Started with Labour Law Consultation?
Contact us today for professional labour law consultation and services