Tag: Commission for Conciliation Mediation and Arbitration (CCMA)

When an employee has been unfairly dismissed, the Labour Relations Act (LRA) prescribes reinstatement as the remedy. The employer can depart from this only if it shows good reason. Full reinstatement requires the employer to pay the employee all remuneration accrued between the date of dismissal and the date of reinstatement.

In Mqikela vs Pristo Response Trading, the South African Labour Court found that a supposed retrenchment had masked the real reason for dismissal. The employee had referred an unfair labour practice (ULP) dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). This case exemplifies an automatic dismissal due to ULP.

A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed. In Makombe vs Cape Conference of the Seventh Day Adventists and Others, the Labour Court found that a pastor employed by the Cape Conference of Seventh Day Adventists (Cape Conference) experienced constructive dismissal.

To have a chance of winning a case at the Labour Court, a party must present proof to the judge. In the case of Malekunutu vs Joburg Bolt (Lex Info 17 January 2025. Labour Court case number JR1806/21), the employee faced retrenchment. The employer claimed financial difficulties as the reason for this decision.

When an employee proves that their resignation was not voluntary but forced by the employer’s conduct, it becomes a constructive dismissal. In the case of Makombe vs Cape Conference of the Seventh Day Adventists (Lex Info, 28 March 2025, Labour Court case number CO4/2023), Makombe - a female pastor - raised several workplace complaints.

In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.  

Employers and managers have the prerogative to set workplace rules and standards, including performance standards. Oftentimes, managers come across as being harsh, bullish, dismissive, or overly critical when attempting to enforce certain workplace standards.

Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...

A recent Labour Court matter, Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) involved an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an applicant who was employed by the municipality.

A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.