Questions
The ones that arrive on a Tuesday.
Not legal advice for every case. Answers employers ring about — hearings, leave, UIF, the CCMA — and the questions employees ask most. We act for employers; the employee notes are general information.
The practice
Usually not. Most employers we help need someone who already knows the Act, can chair a hearing, run payroll, and file UIF and WCA without turning it into a department.
If the file can be read in time, yes. Independent hearings are a core part of the practice — including matters that may go on to a DRC or the CCMA.
No. Employment equity reports and B-BBEE verification are not our work. We stay on the labour file: staff, HR, payroll, UIF, WCA, hearings and disputes.
Your name, a number, and what landed. WhatsApp 084 045 8085, email bertus@justforlaboursolutions.co.za, or Facebook. If you have a hearing date, send that too.
Employment relations
For misconduct or poor performance, almost always yes. The employee must know the charge, see the evidence, and have a chance to answer — before the sanction. Skipping the hearing is how a strong case is lost at the CCMA. We chair it independently so you are not prosecutor and judge.
There is no magic number. Progressive discipline is the usual path for lesser misconduct: counselling, then written warning, then final written warning. Theft, assault, gross dishonesty or a serious safety breach can justify dismissal for a first offence — if the hearing is fair and the file can show why.
A signature is useful, not the warning itself. Note the refusal, have a witness, keep a copy on the file, and give them theirs. Unsigned does not mean it did not happen.
They may have a fellow employee as representative. A union official is often allowed in practice, especially where a recognition agreement or council rule says so. You may refuse an outside lawyer at a workplace hearing unless your own policy allows it. Say so in the notice so nobody is surprised at the table.
Misconduct is a choice — late, drunk, theft, insolence. Poor performance is not meeting the standard of the job. The processes differ: misconduct is a disciplinary hearing; performance needs counselling, a chance to improve, and a fair inquiry before dismissal. Mixing the two is a common way to lose at arbitration.
Record every absence. Ask for an explanation in writing. After a stretch of silence, send a letter to the last known address calling them to a hearing for desertion or unauthorised absence. Do not just take them off the books. We draft the letters and chair the hearing so the CCMA does not treat it as a disappearing act.
Probation is not a free pass. You still need a fair reason and a fair procedure — usually counselling on the shortcoming, a chance to improve, and a hearing if you intend to end it. A three-month probation that was never managed looks like a permanent job with a delayed dismissal.
If the work is truly for a defined project or a genuine temporary need, expiry can be clean. If the person has been rolled over for years on the same job, the CCMA may treat them as permanent. Put the reason for the term in the contract, and do not use fixed-term to dodge the Act.
Not every slight. Typical claims: unfair suspension, unfair warning, promotion or benefit withheld, or an occupational detriment after a protected disclosure. It goes to the CCMA or the council. Keep the paper — the reason, the meeting, the outcome.
Employees may join a union. You must allow reasonable access and stop-order deductions where the law requires it. Majority representation can trigger organisational rights and, later, bargaining. You need not agree every demand. We sit in wage talks so the owner is not bargaining alone.
Only in narrow cases: a written agreement, a court order, or a statutory deduction (tax, UIF, and the like). A till shortage is not a licence to dock pay. Get written consent that is specific, or take it through a fair process. Illegal deductions become a CCMA claim.
The BCEA default is 45 ordinary hours a week, nine hours a day if they work five days or fewer, eight if they work more than five — unless a council agreement says otherwise. Overtime is voluntary in principle and paid at one and a half times, with Sunday and public-holiday rules on top. Put the hours in the contract.
Operational requirements — the job is redundant, not the person. You consult (section 189), consider alternatives, use a fair selection criteria, and pay severance of at least one week per completed year unless a council or contract gives more. A “retrenchment” used to hide a misconduct dismissal will not survive.
When they cannot do the job because of illness or injury. Investigate, get medical input, look at alternatives (other work, adapted duties), and only then consider dismissal. It is not a disciplinary hearing. We run the inquiry so it is not treated as punishment for being sick.
The BCEA requires written particulars of employment on starting — pay, hours, leave, notice, and the rest. A handshake is a poor file. We issue contracts that match the job, including domestic, security and fixed-term where that is the real arrangement.
Notice or pay in lieu, outstanding leave pay, a certificate of service, and the UI-19 for UIF. Final pay on the usual payday unless you agree sooner. Keep copies. Missing paperwork is what the CCMA asks for first.
Leave, UIF and compensation
An eligible employee is entitled to four consecutive months’ maternity leave under the Basic Conditions of Employment Act. You do not have to pay her salary for that period unless a contract or bargaining council says so. She claims from UIF. The job is held. We set the dates, the UIF papers and the return-to-work so the file is clean.
Parental leave, adoption leave and commissioning parental leave sit next to maternity leave. The claim still runs through UIF. We tell you which form applies and keep the leave schedule honest.
In a 36-month cycle an employee gets paid sick leave equal to the number of days they would normally work in six weeks. A medical certificate can be required after two consecutive days, or more than twice in eight weeks. We keep the schedule so “always Mondays” is visible before it becomes a hearing.
Three days’ paid leave per annual cycle when they have been with you for four months and work at least four days a week — for a child’s birth, or when a child is sick, or on the death of a close family member as listed in the Act. It does not replace sick leave or annual leave. Record the reason.
Unemployment Insurance. Almost every employer must register and contribute, and deduct the employee’s share. It pays unemployment, maternity, parental and illness benefits. We run the contributions with the monthly payroll so the Department is not a surprise later.
The Compensation for Occupational Injuries and Diseases Act. You register with the Compensation Fund, pay the assessment, and report injuries on duty. An unregistered employer can be personally on the hook for medical costs. We handle the registration, the annual return and the claim file when someone is hurt.
The BCEA sets minimums: one week in the first six months, two weeks from six months to a year, four weeks after that — unless the contract or a council agreement gives more. Notice is not a substitute for a fair dismissal.
Hearings, DRC and the CCMA
A Dispute Resolution Centre — usually at a bargaining council. Some sectors must go there instead of, or before, the CCMA. We prepare the bundle, appear, and tell you if the matter belongs at the DRC or at the Commission.
First conciliation — a commissioner tries to settle. If it fails, the matter can go to arbitration, where a finding is issued. Bring the contract, warnings, timesheets, the hearing minutes and any witnesses. We appear with you and keep the bundle in the order a commissioner can actually use.
Thirty days from the date of dismissal for an unfair dismissal, and ninety days for an unfair labour practice — unless they get condonation for being late. Do not assume a late referral is dead. Answer it.
It depends on the file, the risk, and the cost of a day at the CCMA. A weak procedure on a strong set of facts is often cheaper to settle. We say so before you spend the day. Settlement should be written, full and final, and signed.
If you are an employee
No. We act for employers. The answers below are general information about South African labour law — not a brief for a case against a client. For your own dispute, the CCMA, a bargaining council, a union or your own adviser is the door.
A dismissal must be for a fair reason (misconduct, capacity, or operational requirements) and follow a fair procedure. No hearing, no chance to answer, or a sanction that does not match the charge, is how many cases are won. The CCMA tests both the reason and the process.
Complete LRA Form 7.11 and serve it on the employer and the CCMA (or the bargaining council if your sector has one) within 30 days of dismissal, or 90 days for an unfair labour practice. Late referrals need condonation. You do not need a lawyer to refer.
Not for conciliation, and often not for arbitration of an ordinary dismissal. You may bring a union official or a fellow employee. Lawyers are limited in some CCMA processes. The file — contract, payslips, warnings, WhatsApps — matters more than a title.
It is a serious procedural defect, but the commissioner still looks at whether you were guilty and whether the job could reasonably end. A missing hearing helps you. It is not always the whole case. Write down what happened, keep the letters, and refer in time.
Dismissing someone because they are pregnant, or for a reason connected to pregnancy, is automatically unfair. Maternity leave must be granted. You claim from UIF; the job is held. If you were dismissed after disclosing the pregnancy, get advice quickly and refer to the CCMA.
Not for using sick leave that you actually have. Persistent absence can become an incapacity inquiry — medical input, alternatives, then possibly dismissal. That is not the same as a disciplinary hearing for “always Mondays.” A medical certificate after two days is ordinary, not a punishment.
You need a UI-19 from the employer, your ID, and a recent payslip or bank details. Register at a labour centre or online. Benefits depend on credits you have built up. If the employer will not issue the UI-19, the Department can still be approached — keep proof you asked.
Yes. The BCEA requires written pay information: the period, the amount, deductions, and overtime where it applies. A cash envelope with no paper is a problem. Keep every slip. It is the first document a commissioner asks for.
Pay and ordinary hours are terms of employment. A unilateral cut in pay or a radical change of hours can be an unfair labour practice or a repudiation of the contract. Consultation and agreement — or a proper retrenchment if the job itself is changing — is the lawful path.
Only for tax, UIF and similar statutory deductions, a court order, or a written agreement that is specific. A till shortage, a broken tool or a uniform is not an automatic deduction. Ask for the calculation in writing.
The same BCEA minimums as the employer, unless your contract asks for more: one week in the first six months, two weeks up to a year, four weeks after that. You may work the notice or, if they agree, be paid in lieu. Put the resignation in writing and keep a copy.
Outstanding wages and accrued annual leave are due. Refer a dispute — often as an unfair labour practice or a BCEA claim, and in some cases the Department of Employment and Labour. Keep the contract, the last slips, and the resignation or dismissal letter.
You resign because the employer made continued employment intolerable — unpaid salary, harassment, a demotion in all but name. It is hard to prove. The CCMA asks whether a reasonable person would have stayed. Do not resign in anger without a record of the complaints you already laid.
The temporary employment service is usually the employer for the first period. After three months in the same role at the client, labour-broker employees may be deemed employees of the client for some purposes. The contract and the length of the placement matter. Keep both the TES contract and proof of where you actually work.
Yes. An employment relationship does not need a signed document to exist. The BCEA still applies: hours, leave, notice, pay. A handshake is a poor file for both sides, but it is not a licence to ignore the Act. Payslips, uniforms, rosters and WhatsApp instructions all count as evidence.
You may join a union. Dismissal or prejudice because of union membership is automatically unfair. Organisational rights (stop-orders, access, shop stewards) depend on representivity. Keep the membership form and any letters that mention the union.
On termination the employer must give written particulars of the job, the period, and the pay. It is not a reference, and it need not praise you. If they refuse, that itself can be pursued. You need it for the next employer and often for UIF.
Conciliation is meant to be set down quickly — often weeks, not years. Arbitration depends on the roll. A postponement, a missing bundle or an absent witness is what stretches it. Refer on time, keep your documents together, and diary every date.
Repeated renewals of the same job can mean the CCMA treats you as permanent, especially after three months in some TES situations, or where there was a reasonable expectation of renewal. Keep every contract and every “we will extend” WhatsApp.
A precautionary suspension while they investigate is usually on full pay, unless a law or a binding agreement says otherwise. Unpaid suspension as a punishment without a hearing is a problem. Ask for the reason in writing and whether it is precautionary or a sanction.
Domestic workers are covered by the BCEA and a sectoral determination: hours, overtime, leave, notice, UIF. You are entitled to a written contract. Dismissal still needs a fair reason and a fair procedure. The CCMA hears domestic-worker disputes.
Report it to the employer immediately. Workmen’s compensation (COIDA) is meant to cover medical costs and disablement — not a civil claim against the employer in the ordinary case. If they are not registered, that is their problem, not a reason to stay silent. Keep the clinic papers and the date.