Dealing with unfair labour practices and dismissals
July 25, 2022

We are all too familiar, as business owners, that dealing with our workforce to ensure that their rights as employees are protected is important and they in turn must realize that the rights of the employer to are just as important.

This is why when employing someone it is important to have a contract in place that specifies these rights on behalf of both parties. This is where labor law and industrial relations experts come into the picture and companies are advised to always seek their involvement to try to avoid unnecessary and often costly representations to the CCMA – or subsequent litigation.

In essence, these experts are responsible for the avoidance of such issues, but when bargaining with disgruntled employees has been unsuccessful then the preparation of Dispute resolutions and their presentation to the CCMA is an essential part of the function they perform.

What is the CCMA?

For the uninitiated, the CCMA is an acronym for the Commission for Conciliation, Mediation, and Arbitration and they have been set up because one of the most common methods used to resolve labor disputes is conciliation. Unsuccessful conciliation is usually referred for arbitration, to the Labour Court and the Labour Appeal Court. Conciliation and arbitration are conducted by the CCMA.

So what do Attorneys or Labour dispute and industrial relations experts do when dealing with unfair labor practices and dismissals?…

Unfair Labour practice disputes

These are issues like probation, training, suspension, harassment, promotion and demotion, intimidation, or any other disciplinary actions regarded as unfair labor practices. The dispute experts will generally follow these steps when these issues occur…

They will submit the dispute to the CCMA for conciliation in writing (completing the LRA Form 7.11) within 90 days from the date of the alleged unfair labor practice issue. If there is successful conciliation at the CCMA the matter is settled, but if not then apart from probation and occupational detriment, which are referred for immediate arbitration or the Labour Court respectively, any other unfair labor practice incident is referred for arbitration at the CCMA.

Unfair dismissal disputes

The same procedure is followed with regard to unfair dismissal claims. In the event of unsuccessful conciliation, the complaint is referred to arbitration to be set down at the CCMA and the commissioner at the arbitration will make an award accordingly. Just a side note – this can also be referred for review to the Labour Court by either of the parties involved.

Consult the professionals

Platinum Business Solutions (PBS) have sound knowledge and understanding of all the labour laws, the impact it has on labour relations, and strategic and practical ways of dealing with conflict management in the workplace. By ensuring our clients are compliant with implementing the Labour Relations Act (LRA) Act 66 of 1995 and all subsequent legislation, we have ensured that minimal costs and brand damage are levied at them.

Contact us today if you are tearing your hair out dealing with unfair labor practices and dismissals and let us help you. Remember too that this is just one aspect of a wide range of services and solutions offered by PBS to all businesses large or SMMEs.

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