Labour Disputes
Dealing With Workplace Disputes
Labour disputes in South Africa are regulated primarily by the Labour Relations Act (1995), supported by the Basic Conditions of Employment Act and Employment Equity Act. Common disputes involve unfair dismissals, discrimination, wage issues, unfair labour practices, or contract breaches.
No employee should endure a hostile work environment involving mistreatment, undermining, or professional discrediting. Such conditions create unacceptable physical, mental and emotional strain in the workplace.
Handling Labour Disputes in South Africa
Labour disputes in South Africa are governed by the Labour Relations Act (LRA), requiring structured resolution processes. Most disputes begin with internal grievance procedures, mediation, or workplace negotiations. If unresolved, they proceed to conciliation at the CCMA (Commission for Conciliation, Mediation, and Arbitration) or bargaining councils. Where conciliation fails, disputes may escalate to arbitration (for unfair dismissals) or the Labour Court (for complex issues like discrimination, unfair labour practices, or unlawful retrenchments). In cases of protected strikes or lockouts, legal compliance is critical to avoid unfair labour practice claims.
When And Why An Attorney Gets Involved
Labour disputes often require professional legal intervention when internal resolutions fail or complex legal issues arise. Employees typically need an attorney when facing unfair dismissals, workplace discrimination, unpaid wages, or unlawful retrenchments—especially when navigating CCMA processes or Labour Court litigation. Legal guidance is also crucial for whistleblowers, victims of harassment, or employees denied fair severance packages. On the other hand, employers require labour attorneys to defend against CCMA claims, conduct legally compliant retrenchments (Section 189), chair disciplinary hearings, or manage protected strikes and lockouts. Whether you’re an employee seeking justice or an employer ensuring compliance, a labour attorney helps protect your rights, avoid costly legal mistakes, and secure the best possible outcome.
What We Do
We provide tailored legal strategies for both employees and employers. If you’re an employee, we assess your case’s merits, draft CCMA or bargaining council submissions, negotiate settlements (such as reinstatement or compensation), and represent you in arbitration or Labour Court proceedings. For employers, we ensure procedural fairness in dismissals, defend against unfair labour practice claims, guide lawful retrenchments, and help manage strikes or workplace disputes while minimising legal risks. We also assist in drafting employment contracts, company policies, and compliance frameworks to prevent future disputes. Whether through mediation, litigation, or proactive legal advice, our goal is to resolve labour conflicts efficiently while safeguarding your interests under South Africa’s Labour Relations Act (LRA).