Unfair Labour Practice Lawyers in Roodepoort

An unfair labour practice in South Africa is an act or omission by an employer (and, in narrower cases, a trade union) that impairs an employee’s right to fair labour practices under section 185 of the Labour Relations Act 66 of 1995, and the statutory route to challenge it is a referral to the CCMA or the relevant bargaining council within 90 days of the act or omission (s191 LRA). Burger Huyser Attorneys’ Roodepoort branch (16 Galena Avenue, Helderkruin, tel 011 668 0030, after-hours 061 516 0091) represents both employees and employers from the first consultation through to Labour Court review, with files run through the firm’s Labour Law practice led by specialist consultant Marius Ferreira and overseen at director level by Nadine Roesch-Prinsloo, who runs the Helderkruin office. The first-step service is a same-week intake at the Roodepoort branch to confirm whether the conduct fits an LRA Schedule 2 category, whether the 90-day window still applies, and whether the matter sits with the Gauteng CCMA regional office or a sectoral bargaining council — after that the file flows into referral drafting, conciliation, and (if needed) arbitration before the Johannesburg Labour Court.

Why Engage a Specialist Labour Lawyer for an Unfair Labour Practice in Roodepoort

An unfair labour practice is a statutory concept — not a general sense of unfairness. Section 185(2) of the LRA and Schedule 2 catalogue the conduct most often disputed: unfair dismissals (s188 LRA), unfair suspensions without pay, demotion without cause, refusal to promote on unfair grounds, denial of training or benefits, victimisation for exercising a workplace right or making a protected disclosure (s3(1) of the Protected Disclosures Act 26 of 2000 overlaps here), and unfair conduct by trade unions against employees. Each category maps to its own remedy, and getting the framing right at referral stage drives what the commissioner can award.

The procedural clock runs quickly. An unfair labour practice referral must be lodged with the CCMA or relevant bargaining council within 90 days of the act or omission under section 191(2) of the LRA; unfair dismissal has a shorter 30-day window under section 191(1). Condonation for a late referral is only available on good cause shown, and weak or undocumented delay is treated by CCMA commissioners and Labour Court judges as fatal to the matter. Meeting the deadline is the single biggest factor in keeping a matter alive.

Conciliation is mandatory under section 135 of the LRA and is the one compulsory window to settle before arbitration. Arriving unprepared typically results in the matter being marked “settled” or “non-settling” on terms dictated by the other side, after which recovery becomes harder. Arbitration (or Labour Court review of an arbitrator’s award) calls for affidavit-grade evidence, cross-examination preparation, and familiarity with CCMA procedure; an employee or employer who handles the arbitration alone usually loses on form before the merits are reached. An attorney is permitted to represent a party at CCMA arbitration and at the Labour Court under rule 25(1) of the CCMA Rules, so engaging counsel is the natural, lawful route rather than a discretionary step.

What the Service Covers (Scope of Engagement)

Burger Huyser Attorneys’ unfair labour practice work for Roodepoort clients runs through five stages, each billed per file rather than as a flat package:

• Eligibility and route assessment — confirming whether the conduct complained of meets an LRA Schedule 2 category, whether the 90-day referral window applies or condonation is realistically available, and whether the matter sits with the CCMA’s Gauteng regional office or with a sectoral bargaining council (e.g. MEIBC for metal, MIBCO for motor, BCIMA for building, PSA for public-sector-adjacent employers).
• Statement of claim / referral drafting — preparing the LRA Form 7.11 referral and a typed statement that frames the unfair conduct against the statutory definition, with paginated exhibits and a witness list ready for conciliation.
• Conciliation representation — attending the conciliation session under a section 135 appointment, presenting the client’s position, and closing on the best settlement realistically available. There is no second compulsory conciliation window for unfair labour practice matters, so the first conciliation is the moment that matters.
• Disciplinary-hearing work — chairing by prior agreement of the parties, attending as the employee’s representative, advising on the procedural-fairness pathway that flows directly into the unfair dismissal claim, or coaching the employee to put in a fair defence before the chair.
• Arbitration preparation and representation — bundle preparation, witness statement drafting, cross-examination preparation, and appearance at the arbitration hearing under rule 25(1)(c) of the CCMA Rules, with cross-disciplinary input from the firm’s criminal and family benches where the underlying facts overlap (assault, family-responsibility dispute, occupational health).
• Review or enforcement at the Labour Court — bringing or opposing an application to review or set aside an arbitrator’s award under section 158(1)(g) of the LRA in the Labour Court (Johannesburg) within the short review window, or filing an enforcement application where a settlement or arbitration award is not honoured.

The Local Filing Layer: Where the National Process Hits the Map

Most unfair labour practice claims from Roodepoort are referred to the CCMA’s Gauteng regional office (Johannesburg). Roodepoort sits in the CCMA’s Gauteng region and commissioner allocation is regional; sectors with a registered bargaining council (METRO, retail, motor, metal) route to the relevant council instead. Conciliation under section 135 of the LRA is mandatory; arbitration follows automatically if conciliation fails on a non-dismissal unfair labour practice (under section 191 there is no unilateral election to bypass conciliation).

A party dissatisfied with the arbitrator’s award can apply to the Labour Court for review under section 158(1)(g) of the LRA; the Labour Court for Gauteng matters sits in Johannesburg with case-load managed under the office of the Judge President. Condonation for a late referral (the 30- or 90-day deadline) turns on good cause and is not lightly granted.

The standard form for lodging the dispute is LRA Form 7.11, available from the CCMA website and at the regional office. Bringing it already typed, alongside a paginated statement and supporting documents, sets the matter up to be heard on its merits rather than bounced on form. Roodepoort-based files are run through Burger Huyser Attorneys’ Labour Law practice led by specialist consultant Marius Ferreira, with director Nadine Roesch-Prinsloo (who runs the Roodepoort branch) overseeing the heavier Labour Court work.

What Counts as an Unfair Labour Practice (LRA Schedule 2 Categories)

Schedule 2 of the LRA groups the unfair conduct most often referred. Knowing which category fits — and which does not — is what determines whether a matter is arbitrable at all:

• Unfair conduct relating to promotion, demotion, probation, training, or the provision of benefits — promotions denied on discriminatory grounds, demotions without procedural fairness, and unilaterally imposed training disadvantages all qualify.
• Unfair suspension without pay or without a proper disciplinary inquiry — pre-dismissal suspensions that are procedurally irregular are independently actionable as unfair labour practices and form their own ground for interim relief, separate from any subsequent dismissal dispute.
• Victimisation for exercising a right or making a protected disclosure — section 3(1) of the Protected Disclosures Act 26 of 2000 overlaps with LRA protections and opens a separate statutory retaliation claim when an employee has reported wrongdoing.
• Unfair conduct relating to registration or non-registration of a trade union or workplace forum, or relating to participation or non-participation in a union — the LRA also covers unfair labour practices by trade unions against employees, not only employers.
• Refusal to reinstate or re-employ a dismissed employee in breach of a settlement or order — arbitration awards and settlement agreements carry their own enforcement route; non-compliance is itself actionable.

Scenario	Typical forum	Typical window
Unfair dismissal dispute (s188 LRA)	CCMA Gauteng or applicable bargaining council	30 days from date of dismissal (s191(1))
Other unfair labour practice (Schedule 2)	CCMA Gauteng or applicable bargaining council	90 days from act or omission (s191(2))
Review of arbitration award	Labour Court, Johannesburg (s158(1)(g))	6 weeks from award date
Protected disclosure retaliation	CCMA (or Labour Court directly)	90 days; concurrent with LRA route

What to Look for When Choosing an Unfair Labour Practice Lawyer in Roodepoort

Selecting counsel on this kind of matter is a structural choice, not a price comparison. The criteria that matter most:

• Direct CCMA representation experience — the attorney should regularly appear at Gauteng conciliation and arbitration, not only general labour advice work.
• Both-side capability — labour lawyers who act only for employees (or only for employers) tend to under-read the other side’s procedural playbook; reps with both employer and employee experience predict what the commissioner or arbitrator is likely to focus on.
• Cross-disciplinary depth — unfair labour practice matters often touch disability, family responsibility, occupational health, and discrimination issues; the firm should be able to brief specialists in family law, civil litigation, and criminal/disciplinary procedure as the file develops, not refer the client out.
• In-house disciplinary-hearing capability — the strongest arbitration outcomes come from files where the disciplinary hearing was handled properly in the first place; confirm that the firm will chair or attend the disciplinary hearing as well as the arbitration, rather than requiring a separate briefing.
• Transparent cost conversation — CCMA matters can run on cost orders or contingency terms (statutory cap 25% of recovery under the Contingency Regulations Act 25 of 1997), but most labour files are billed per stage; the firm should quote up front, not after the conciliation date is missed.

Burger Huyser Attorneys’ Roodepoort branch meets this profile across all five criteria: the firm represents both employees and employers, runs the firm’s Labour Law practice through specialist consultant Marius Ferreira, and has director-level oversight from Nadine Roesch-Prinsloo, who also runs the Helderkruin office and personally takes on the heavier Labour Court matters. Files that cut across labour and family law (maternity dismissals, family-responsibility disputes, maintenance-related retrenchments) draw on the firm’s Family Law bench without forcing the client to switch counsel mid-file.

Practical Considerations: Cost, Timeline, What to Bring

Item	Detail
Cost structure	Staged: fixed referral-and-conciliation fee, separate arbitration preparation fee, separate litigation fee for any Labour Court review or enforcement. Per-stage terms calibrated to outcome are negotiable for employees with strong merits and limited means; Burger Huyser Attorneys quotes on a per-stage basis after the first consultation at the Helderkruin branch.
Statutory cap on contingency	25% of recovery under the Contingency Regulations Act 25 of 1997.
Referral-to-conciliation	Roughly four to eight weeks, depending on regional calendar load.
Conciliation-to-arbitration (non-settling)	Typically a further two to four months.
Labour Court review after arbitration	Adds six to twelve months on the docket.
Where time starts	90-day referral window runs from the act or omission, not from the date it was noticed by the employee.

What to bring to the first consultation at the Helderkruin branch:

• South African ID.
• Letter of appointment or employment contract.
• Recent payslips.
• IRP5 / IT3(a) tax certificate.
• The employer’s email or letter that constitutes the act or omission complained of.
• Any prior internal grievance or disciplinary correspondence.
• Any prior CCMA outcome letter.
• For review matters: the arbitration award itself, with the date it was issued.

Frequently Asked Questions

What is the time limit to refer an unfair labour practice to the CCMA?

An unfair labour practice (other than dismissal) must be referred to the CCMA or applicable bargaining council within 90 days of the act or omission under section 191(2) of the LRA. Unfair dismissal has a shorter 30-day window under section 191(1). Both deadlines run from the date of the act or omission, not from the date it came to the employee’s attention, and condonation for late referral is only available on good cause shown.

Do I need a lawyer to attend CCMA conciliation and arbitration?

Legal representation at conciliation is by agreement of the parties, but at arbitration a party may be represented by an attorney or advocate under rule 25(1) of the CCMA Rules. Most unfair labour practice matters are decided on affidavit-grade evidence and cross-examination, so representation materially improves the prospect of a fair outcome; parties who self-represent at arbitration often lose on form before the merits are reached.

What categories of unfair labour practice can be referred under Schedule 2 of the LRA?

Schedule 2 covers unfair conduct relating to promotion, demotion, probation, training, or the provision of benefits; unfair suspension without pay or without a proper disciplinary inquiry; victimisation for exercising a workplace right or making a protected disclosure; unfair conduct relating to registration or non-registration of a trade union or workplace forum, or relating to participation or non-participation in a union; and refusal to reinstate or re-employ a dismissed employee in breach of a settlement or order.

Can I review a CCMA arbitration award I am unhappy with?

Yes. A party dissatisfied with an arbitrator’s award can apply to the Labour Court to review and set it aside under section 158(1)(g) of the LRA. The Labour Court for Gauteng matters sits in Johannesburg. The review application must be brought within six weeks of the date the award was issued, and review is not an appeal on the merits — it is limited to material errors of law, procedural irregularity, or an award that no reasonable commissioner could have made.

What contingency fee cap applies to CCMA matters in South Africa?

Contingency fee arrangements in CCMA matters are capped at 25% of the amount awarded under the Contingency Regulations Act 25 of 1997. The cap is statutory and cannot be contracted around; any agreement above the cap is unenforceable.

If you are dealing with an unfair labour practice in or around Roodepoort — an unfair suspension, a constructive dismissal, a denied promotion, or victimisation for raising a workplace grievance — contact Burger Huyser Attorneys’ Roodepoort branch at 16 Galena Avenue, Helderkruin, Roodepoort on 011 668 0030 (after-hours 061 516 0091) for an initial consultation with the firm’s Labour Law practice. The firm represents both employees and employers at CCMA conciliation and arbitration, and at the Labour Court in Johannesburg, and can structure a per-stage fee calibrated to the file. Specialist consultant Marius Ferreira handles the broader Labour Law practice and director Nadine Roesch-Prinsloo runs the Roodepoort office; files touching family-responsibility, disability or disciplinary-criminal overlap can draw on the firm’s Family Law, Litigation and Criminal benches without switching counsel mid-matter. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work across its Gauteng branches.