Tag archives: unfair labour practice

What protection from discrimination do employees have on the grounds of gender in South Africa?

This article was written by Douglas de Jager , an associate at Norton Rose Fulbright South Africa  Section 9 of the Constitution of the Republic of South Africa states that “[n]o person may unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status…” and that “[n]ational … Continue reading

Good practice in South Africa: When is it fair to dismiss?

Everyone in South Africa has the right to fair labour practices.  And everyone, through the Labour Relations Act, has the right not to be unfairly dismissed.  Legislation provides three broad grounds for dismissal: Misconduct; Incapacity/ poor performance; and Operational requirements. In order for a dismissal on any of these grounds to be conclusive, it must be … Continue reading

Refusal of discretionary benefit unfair

This post was contributed by Teneille Govender and Kate Paterson In a landmark judgment, the Labour Appeal Court has found a company’s decision not to extend a benefit to an employee in terms of a discretionary policy to be unfair. In terms of the Labour Relations Act withholding a benefit may be an unfair labour … Continue reading