Question 1

How long does an employee have to refer an unfair dismissal dispute to the CCMA?

Accepted Answer

Thirty days from the date of dismissal, or from the date the employer made a final decision to dismiss. Unfair labour practice disputes have 90 days, and unfair discrimination disputes under the Employment Equity Act have six months. A late referral may be allowed only if the employee shows good cause, through a condonation application. If you receive a referral, check the dates against your own records first.

Question 2

What makes a disciplinary hearing procedurally fair?

Accepted Answer

The 2025 Code of Good Practice: Dismissal says that, usually, the employee should be told of the allegations, preferably in writing and in enough detail to understand them; given a reasonable time to prepare and to make representations on the allegations and the sanction; allowed the assistance of a fellow employee or trade union representative; and, where reasonably possible, allowed to use a language they are comfortable with. The enquiry need not be formal. Write the charge plainly, record the hearing and keep the outcome consistent with how similar cases were treated. Fair procedure without a fair reason still fails, and so does the reverse.

Question 3

What is con-arb at the CCMA?

Accepted Answer

Con-arb combines conciliation and arbitration in one sitting. If conciliation fails, arbitration starts immediately. It is compulsory for dismissal and unfair labour practice disputes about probation. In other disputes where con-arb is scheduled, a party may object in writing at least seven days before the date; that objection is not available in probation disputes. Arrive ready to argue the whole case on the day, with bundles and witnesses, not only a settlement offer.

Question 4

What does a fair retrenchment under section 189 require?

Accepted Answer

A genuine operational reason, written notice inviting consultation with the information listed in section 189(3), a meaningful joint consensus-seeking process on avoiding and minimising dismissals, fair and objective selection criteria, and severance pay. Start consulting when retrenchment is contemplated, not after it is decided. Minute every meeting and answer every written representation.

Question 5

When does section 189A apply to a retrenchment?

Accepted Answer

When an employer with more than 50 employees contemplates dismissing at least 10 employees (if it employs up to 200), 20 (201 to 300), 30 (301 to 400), 40 (401 to 500) or 50 (more than 500). Dismissals in the previous 12 months on operational grounds count towards the threshold. A CCMA facilitator is appointed if the employer asks for one in its notice, or if parties representing the majority of the employees consulted ask within 15 days. Where a facilitator is appointed, notice of termination may not be given until 60 days after the s189(3) notice.

Question 6

What is the minimum severance pay in South Africa?

Accepted Answer

At least one week's remuneration for each completed year of continuous service, payable to an employee dismissed for operational requirements. An employee who unreasonably refuses alternative employment with you or another employer may lose the entitlement. Record the offer and the reasons for refusal.

Question 7

What is an automatically unfair dismissal?

Accepted Answer

A dismissal for a reason listed in section 187 of the Labour Relations Act, such as participation in a protected strike, pregnancy, unfair discrimination, exercising rights under the Act, a section 197 transfer or making a protected disclosure. Compensation can reach 24 months' remuneration, against 12 months for other unfair dismissals. If any of these reasons is close to the facts, stop and take advice before acting.

Question 8

Can an employer dismiss an employee during probation?

Accepted Answer

Yes, but only for a fair reason after a fair procedure. The 2025 Code of Good Practice: Dismissal says probation should be of reasonable duration set in advance, the employee should receive reasonable guidance, and the employer may dismiss or extend only after hearing the employee's representations. Less compelling reasons may be accepted during probation than after it. Set probation in the contract, review performance in writing, and invite representations before you extend or dismiss.

Question 9

What notice must an employer give under the BCEA?

Accepted Answer

One week if the employee has worked six months or less, two weeks if more than six months but not more than a year, and four weeks after a year. Farm and domestic workers employed for more than six months are owed four weeks. Notice must be given in writing, except by an illiterate employee. A contract may give more. A collective agreement may not give less, except that it may reduce the four-week period to not less than two weeks.

Question 10

How much annual leave are employees entitled to?

Accepted Answer

Twenty-one consecutive days per annual leave cycle, which is 15 working days for a five-day week. By agreement it can be one day for every 17 days worked, or one hour for every 17 hours worked. Keep leave records for three years and do not pay out leave instead of granting it, except on termination.

Question 11

Is my business a designated employer under the Employment Equity Act?

Accepted Answer

Since 1 January 2025 you are a designated employer if you employ 50 or more employees. The annual turnover thresholds no longer apply. Municipalities, organs of state and employers designated by collective agreement are also covered. Designated employers must consult, analyse, prepare an EE plan, assign a senior manager and report each year. Under the 2025 Regulations, online reports may be submitted from 1 September to 15 January.

Question 12

What is the section 24 senior manager?

Accepted Answer

A senior manager that every designated employer must assign, with the authority and means to monitor and implement the Employment Equity plan. The employer remains liable for compliance. Appoint the manager in writing, give them a budget and record their reports to the board.

Question 13

When must an employer appoint health and safety representatives?

Accepted Answer

An employer with more than 20 employees in a workplace must designate health and safety representatives: at least one for every 50 employees, or one for every 100 in shops and offices. Where there are two or more representatives, a health and safety committee is required. Record the designation, train the representatives and minute committee meetings at least every three months.

Question 14

What does POPIA require of employers handling employee information?

Accepted Answer

Employers must process personal information lawfully, for a defined purpose, with security safeguards, and tell employees what is collected and why. Health, union and biometric data are special personal information with stricter rules. The Information Officer must be registered with the Information Regulator. Issue an employee privacy notice, keep a retention schedule and compile a PAIA manual where required.

Question 15

How long does a party have to challenge a CCMA arbitration award?

Accepted Answer

A party who alleges a defect in CCMA arbitration proceedings may apply to the Labour Court to set the award aside within six weeks of the date the award was served on them. Where the alleged defect involves corruption, the six weeks run from the date the corruption is discovered. Diarise the six-week date the day an award arrives, read the award against your file and decide quickly whether it is worth challenging.

South African labour law, answered plainly.

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