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UNFAIR LABOUR PRACTICES IN SOUTH AFRICA

WHAT IS UNFAIR LABOUR PRACTICE?

In South Africa, employment relationships are governed by strict labour laws to protect both employees and employers from injustices in the workplace. One of the critical areas addressed by these laws is unfair labour practice, which refers to any improper or unfair conduct by employers (or sometimes employees) that adversely affects the employment relationship. Understanding what constitutes unfair labour practices is essential for safeguarding workers’ rights and ensuring employers comply with fair labour standards.

UNFAIR LABOUR PRACTICES AND THE LABOUR RELACTS ACT

In South Africa, unfair labour practices serve as a critical protection for employees, ensuring they are treated fairly by their employers. The Labour Relations Act defines an unfair labour practice as any unfair act or omission between an employer and an employee, which may involve:

  • Unfair conduct by the employer related to promotion, demotion, probation, or training of an employee, or related to the provision of benefits.
  • Unfair suspension or disciplinary action (short of dismissal) taken against an employee.
UNFAIR LABOUR PRACTICES
  • Failure or refusal by an employer to reinstate or re-employ a former employee, as stipulated in any employment agreement.
  • Occupational detriments (excluding dismissal), such as discrimination or victimization in the workplace.

If you have experienced unfair labour practices in your workplace, it is important to act promptly. Unfair labour practice claims must be referred within 90 days of the incident.

YOUR RIGHTS AS AN EMPLOYEE IN RELATION TO UNFAIR LABOUR PRACTICE

Employees who believe they are experiencing an unfair labour practice can seek recourse through the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA serves as a neutral platform where labor disputes can be resolved through conciliation, mediation, or arbitration. In some cases, unfair labor practices may also be challenged in the Labour Court.

HOW BURGER HUYSER LABOUR LAW ATTORNEYS CAN ASSIST

At Burger Huyser Attorneys, we understand the impact of unfair labour practices on employees’ lives and career progression. Our experienced labour law attorneys are skilled in handling a variety of unfair labour practice cases, and we are here to provide the support and guidance you need. Whether you are dealing with unfair disciplinary action, discrimination in promotion or benefits, or any other form of workplace injustice, we can assist you through the legal processes. Our team will work to ensure that your rights are protected and that justice is served.

Contact us today and schedule a consultation to discuss your situation and learn more about your options for addressing unfair labour practices in South Africa. Our expertise in labour law can help you restore fairness and balance to your employment relationship.

NEED TO CONSULT WITH TOP UNFAIR LABOUR PRACTICE LAWYERS IN SOUTH AFRICA? CONTACT OUR LABOUR LAWYERS TODAY.

Contact our team of experienced labour law attorneys at Burger Huyser Attorneys in Johannesburg and Pretoria, Gauteng to assist you in instituting a claim for unfair labour practice.

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