LABOUR LAWYERS IN CAPE TOWN AND JOHANNESBURG
– Protection of the rights of the employer and employee in the workplace –
LABOUR AND WORKPLACE LAW IN SOUTH AFRICA
Chapter 2 of the Constitution contains several provisions of relevance to employment and labour law in South Africa:
- the right to equality
- protection of dignity
- protection against servitude, forced labour and discrimination
- the right to pursue a livelihood and
- protection for children against exploitative labour practices and work that is hazardous to their well-being.
It is essential to interpret all labour legislation in light of the Constitution. Labour and workplace disputes can be resolved through various channels, such as the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court, and the Bargaining Council. It’s important to note that the Labour Relations Act provides a framework for resolving labour disputes.
The Public Service Act provides a framework for resolving workplace conflicts, and it’s important to follow the procedures outlined in the Act and the Regulations. Additionally, employees in the public service have the right to refer disputes to the Public Service Coordinating Bargaining Council (PSCBC) for resolution through the bargaining council process.
LABOUR DISPUTES OUR LABOUR LAWYERS RESOLVE
Julies Attorneys specialise in labour and workplace law, providing clients with legal representation in the area of law related to their dispute. Our expert team is renowned for effectively and efficiently handling labour cases for employers and employees.
Common labour disputes include:
WHAT ARE THE LABOUR LAW PROCEDURES TO FOLLOW IN RESOLVING WORKPLACE CONFLICTS?
Workplace conflicts between an employee and a supervisor in public service are typically resolved through the following procedures:
- Informal resolution: This is the first step in resolving a conflict and involves discussing the problem with the supervisor or a human resources representative. This can be done through a face-to-face conversation or in writing.
- Grievance procedure: If the conflict cannot be resolved through informal resolution, the employee can follow the grievance procedure outlined in the Public Service Regulations. This procedure may involve meetings with the supervisor, human resources representative, and a designated official.
- Mediation: If the conflict cannot be resolved through the grievance procedure, mediation can be sought through the Public Service Commission (PSC) or a private mediator. Mediation is a voluntary process that involves a neutral third party who helps the parties to reach a resolution.
- Arbitration: If the conflict cannot be resolved through mediation, the employee or the employer can refer the dispute to arbitration through the PSC or a private arbitrator. The arbitrator will make a binding decision on the dispute.
- Court action: If the conflict cannot be resolved through the above procedures, the employee or employer can take the matter to court.
