The most important labour statutes applicable to South Africa include:
The Labour Relations Act (LRA)
The Basic Conditions of Employment Act (BCEA)
The Employment Equity Act (EEA)
These acts as well as numerous regulations and codes can be found on the Department of Labour's website at www.labour.gov.za. Making the Legislation work for...
you However, the application of the legislation in a legally compliant yet effective manner is most problematic. That is, the acts (particularly the LRA) leave so much open to interpretation that labour court judges and CCMA arbitrators often disagree with each other on numerous critical aspects of the law. Therefore, employers and employees need to gain an in-depth grasp of the law and its many hidden dangers before taking any legal steps such as actions related to discipline, dismissal, grievances, discrimination, sexual harassment, employment policy development, recruitment and selection of job applicants. Do you know the Labour Law? One of the biggest headaches for employers is their uncertainty as to whether or not they have a firm grasp of labour legislation. If you are uncertain of where your employees' rights end and yours begin you will always be hesitant when disciplining employees, classifying them, dealing with trade unions and as regards other labour law matters. In order to get a feel as to how much you know about labour law and how much you don't know answer the quiz below that contains 20 questions on the basics of labour law: Labour Law Quiz If you are not sure of the answers please phone Ivan Israelstam on (011) 888-7944 or 0828522973 to find out how you can update your knowledge and avoid numerous legal pitfalls.
1. Are you allowed to retrench/dismiss employees who become redundant as a result of a merger or takeover?
2. How can you make constructive use of a CCMA conciliation hearing?
3. Who can represent your company at the CCMA?
4. At a CCMA arbitration hearing for unfair dismissal who is the accused?
5. Is the accused at the arbitration hearing presumed innocent until proved guilty?
6. What must you prove in order to justify a dismissal at a CCMA arbitration hearing?
7. What is an automatically unfair dismissal and how much can it cost you?
8. Where do you find case law to assist you in preparation for your case for arbitration?
9. How should you effectively and legally prepare witnesses for arbitration?
10. Are employees allowed to dispute disciplinary warnings at the CCMA?
11. Under what circumstances are you allowed to demote an employee?
12. Which Act legislates affirmative action?
13. What is the difference (if any) between legitimately dismissing a disabled employee for incapacity and unfair discrimination against the disabled employee?
14. In a sexual harassment case who is the accused at Labour Court, the perpetrator or the company?
15. Which section of the Labour Relations Act distinguishes between an employee and an independent contractor?
16. Under what circumstances are you required to grant a trade union organisational rights (recognition)?