The Constitution of South Africa guarantees the right to fair labour practices for every employee. This means that employees have the right to be treated fairly and have their rights respected in the workplace.
Employers have a duty to comply with the provisions of the Constitution and labour laws, and failure to do so can result in disputes being brought before the CCMA (Commission for Conciliation, Mediation, and Arbitration).
Unfair Dismissals and Unfair Labour Practices
Unfair dismissals and unfair labour practices are common disputes that are brought before the CCMA. An unfair dismissal occurs when an employer terminates an employee’s contract of employment without a valid reason or in a procedurally unfair manner. This violates section 23 of the Constitution, which states that everyone has the right to fair labour practices, including the right not to be unfairly dismissed.
Unfair labour practices, on the other hand, refer to any conduct by an employer that is contrary to the Labour Relations Act and the Constitution of South Africa. Examples of unfair labour practices include discrimination, harassment, and victimisation. These practices can undermine an employee’s dignity and their ability to perform their duties effectively and are, therefore, prohibited by law.
Resolving Disputes Through the CCMA
When a dispute arises between an employer and an employee, the CCMA provides a platform for resolution. The CCMA procedure involves two main stages: conciliation and arbitration. Conciliation is the first step and involves a neutral third party, known as a commissioner, helping the parties to reach a mutually acceptable resolution to the dispute. If conciliation is unsuccessful, the dispute proceeds to arbitration, where an arbitrator is appointed to make a binding decision.
Conclusion
Employers and employees need to understand the importance of fair labour practices and the consequences of unfair dismissals and unfair labour practices. If you believe that you have been unfairly dismissed or subjected to unfair labour practices, you have the right to approach the CCMA for assistance. Tuckers Incorporated, as a leading law firm in South Africa, is well-equipped to provide legal advice and representation in CCMA proceedings.
Contact us today to schedule a consultation with one of our experienced labour law attorneys on 011 897 1900, 076 777 1920 (after hours), or info@tuckers.co.za.
This article was contributed by Tristan Judge of Tuckers Attorneys.