Mediation and arbitration ccma which is an administrative tribunal. Ensure that the entire process is planned and managed by an expert in labour law and industrial relations. The labour relations act, case law and the practice manual makes it quite clear that expeditious resolution of labour disputes is a fundamental requirement of fairness and of the act itself. Labour links ccma procedures sa labour law cape labour. More than just a publication your complete, onestop library dealing with the ccma, labour and labour appeal court rules. In south african law we have set times or deadlines when certain documents need to be completed. Employees have a right to freedom of expression, privacy and dignity. Employment equity is important, and if you feel that you are being treated unfairly, then it is necessary for you to take the matter up with the ccma and get what. To try to resolve disputes through conciliation or arbitration. The commission for conciliation, mediation and arbitration endeavours first and foremost to conciliate between the parties. Occupational health and safety act 85 of 1993 as amended ohsa basic conditions of employment amendment act 7 of 2018.
South african labour law regulates the relationship between employers. Official site with labour legislation, policy documents, and news. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. The ccma award is binding and final and may be made an order of the labour court. Ccma south africa ccma arbitration hearing labour law. In joy global africa at 3 the south african labour appeal court lac held that the primary issue for determination was whether the ccma was entitled to assume jurisdiction in an unfair dismissal dispute, where the parties were members of a bargaining council or fell within the registered scope of a bargaining council, and one of them was a.
Alcohol abuse can be seen as an illness in south african law. It is up to the applicant to pursue his claim and deal. The ccma commissioner found that the locality of mecssas labour broking undertaking was in south africa, and ruled that the ccma had jurisdiction. How the ccma helps to resolve labour disputes in south africa. Employment laws in south africa placement dynamics. Ccma labour law, cases, ccma arbitration and conciliation processes.
Principles, process and practice, trade unions and the law in south africa and harassment in the workplace. The reinstatement and compensation conundrum in south. Migrant workers under south african employment law by raeesa ebrahim atkinson on february 21, 2020 in publications, immigration law, employment law as the worlds focus once again shifts to the west and its most recent and controversial presidential appointment, questions relating to border control, the influx of migrants and the. The employer and employee might agree that should the employee cease to be a shareholder or a director. Company law and other business structures in south africa 2nd edition employeerelated payments are things like pension, severance benefits, medicalscheme payments, etc. Every employeeworker is entitled to fair labour practices in south africa. From 1995 to 2000 he was dean of the faculty of law at the university of natal. Dismissal unfair if rehabilitation appropriate ccma and. This means, that when you do not comply with these rules and you are late in submitting a document, you must apply for condonation.
Labour smart training is not affiliated to the ccma, and offer their official. My boss, in a verbal meeting, said it was not ideal but said she would see how to restructure. Your guide to labour law in south africa labour guide. Brian has been the presenter of the south african labour law reports seminar since 1990. You can ask a probono lawyer about the prospects of success. Ccma s operations during south africa s covid 19 level 4 lockdown read more. The ccma rules including rules of the various courts, 4th edition, is now available electronically. Therefore, during the enforcement stage the ccma is not actively involved in ensuring compliance with the award.
Read or download the labour acts, amendments, codes of good practice, notices, regulations and sectoral determinations. In todays world, we need to arm ourselves with as much information regarding our rights. The objective of this workshop is to prepare delegates to serve as a conciliator of conflict and disputes in terms of south african labour legislation andor recognised dispute resolution procedures in a bargaining council collective agreement andor private agency. Here are some labour links including ccma procedures and much more on sa labour law click to read more today. Ccma stands for the commission for conciliation mediation and arbitration.
If you have any question, please email us without hesitation. Most important is that south african labour legislation applies only in. Section 1871c of the south african labour relations act, 1995 the lra as amended provides that a dismissal will be automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. Johanette rheeder attorneys south african labour law specialists, provides professional advice, training and seminars across south africa on the correct procedures to be followed at the ccma unfair labour practices, unfair dismissals, constructive dismissals, retrenchment and unfair discrimination, strikes and lock out. His latest publication titled ccma rules including rules of various courts was launched towards the end of 2018 and is currently turning out to be a best seller. Especially when it comes to fair and unfair labour practices. Reinstatement in south african labour law jean chrysostome kanamugire lecturer, faculty of law, mafikeng campus, northwest university.
Alan has published extensively in the labour law field and is the author coauthor of a guide to south african labour law,mediation. The national minimum wage bill and amendments to existing labour legislation seek to improve access to the judicial system for the working poor. Pdf constitutionalisation of south african labour law. Fairness of dismissal as a sanction for misconduct in. It is an independent body, does not belong to and is not controlled by any political party, trade union or business. Analysing the state of labour relations in south african 27 september 2018. They deal with unfair dismissal, discrimination and just about any other legal issues related to the working environment. The existing south african labour relations act already sets out procedural and substantive limitations on the right to strike in south africa, such as requiring the trade union to declare a dispute with the employment tribunal, conciliation of the dispute and providing prior notice of the strike. Commission for conciliation, mediation and arbitration lra. Determining jurisdiction ccma or bargaining council. Ccma why the ccma is needed in south africa labour law. August 29, 2017 by admin in labour law, south african law. The court held that section 198 of the lra stipulates that an employee is employed by the tes and not by the client of the tes. The ccma is specific to south africa and acts as an independent body without any links to political parties or corporate entities.
Ccma information your guide to labour law in south africa. Dismissal unfair if rehabilitation appropriate ccma and labour court decisions. Employment laws in south africa south african labour legislation. He has recently written changes to employment laws. Introduction the south african labour law and practice has changed significantly in a number of areas. Overview of south africas current labour law developments. Ccma the commission for conciliation, mediation and.
The reinstatement and compensation conundrum in south african labour law. Compensation for injury and occupational diseases act of 1993 coida constitution of the republic of south africa 1996. Why ccma is needed in south africa august 26, 2016 by admin in labour law have you been unfairly dismissed by an employer that has been bullying you for the past three months, or are you an employer struggling to deal with an overly aggressive employee who is doing more damage than good in your company. South africa may be described as a country of vast contrasts. National minimum wage new territory for south africa and. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. A critical analysis of absolution from the instance in south african labour law with specific reference to the ccma journal of contemporary romandutch law, vol. Influenced internationally through the ilo international labour organisation, division of united nations. Provided by the commission for conciliation, mediation and arbitration ccma ccma information.
Toyota sa motors pty ltd v ccma and others cct22814. Where mediation or arbitration is required between organised labour and companies, the ccma is the primary centre for dispute resolution before proceeding with labour, higher or. Ccma documents and forms the commission for conciliation, mediation and arbitration. Ccma s operations during south africa s covid 19 level 4 lockdown. Specialist labour attorneys in johannesburg and pretoria. Constitutionalisation of south african labour law 285 to the protection of human rights, there is still the possibility that affirma tive action will in future be confirmed as an individual right. Conciliation arbitration course offered at labournet. The ccma com missioner had in th e courts view misun derstood the. Downloads your guide to labour law in south africa. Our labour lawyers have the knowledge, skill and fortitude to navigate the legal landscape when it comes to labour law matters. Ccma documents and forms the commission for conciliation, mediation and arbitration ccma is an independent dispute resolution body established in terms of the labour relations act, 66 of 1995 lra. Labour guide your guide to labour law in south africa.
Since the inception of the labour relations act, the field of labour law in south africa has been considered highly technical and frought with pitfalls. I requested a transfer in january to work in ct from april my company, an ngo, has offices there as my partner has been transferred. Before such award can be enforced, however, it has to be certified by the director of the ccma. The ccma labour law tells you your rights and you go to them if you are having problems within your workplace. A critical analysis of absolution from the instance in. The south african labour law reports is delighted to invite you to the launch of the fourth edition of ccma rules including rules of various courts. The ccma will have the power to make a compliance order issued by an inspector, an arbitration award, which award will carry the same weight as an order issued from the labour court. Please note that this is not the commission for conciliation, mediation and arbitration ccma, you may find the ccma on. Pdf the reinstatement and compensation conundrum in.
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