The Top Labour Law Questions Answered by Johannesburg’s Leading Labour Experts
Are you stressing about a workplace lawsuit? Considering that up to 97% of businesses lose their case at the Commission for Conciliation, Mediation and Arbitration (CCMA), businesses really can’t afford to take chances today.
As a business, you must have all your bases covered, such as your employees’ rights, your responsibilities as an employer, and your policies and procedures. As a top labour consultancy house in Johannesburg, we have answered the top labour law questions that we get asked time and time again.
What is the CCMA, and Should I Be Intimidated?
Aimed at promoting fair labour practices in the workplace, the CCMA is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). Founded on the principle of conciliating first before arbitrating, the CCMA can either bring a business to its knees or shut a dishonest employee down, but that all depends on how accurate the employer was in following the correct fair labour practice procedures.
How Much Maternity and Paternity Leave is Granted in South Africa?
An expecting employee may take at least four consecutive months of maternity leave to commence four weeks before birth. No expecting employee may work for six weeks after the birth of a child unless approved by a doctor. Fortunately, South African fathers can rejoice. Thanks to the African Christian Democratic Party, the BCEA was recently amended in January 2019 to provide ten consecutive days paternal leave, which will be paid out of the Unemployment Insurance Fund (UIF).
Is It Easy to Dismiss an Employee in South Africa?
Whether you have caught an employee stealing or the employee failed to meet their contractual duties, in South Africa, a business cannot dismiss an employee without following the correct procedure. Any organisation can catch an employee stealing, discriminating or using drugs at work; they can dismiss them and still find themselves in hot water. You see, for the CCMA, it is not so much about an employee being dismissed, but rather about whether the employee was fairly dismissed. South African labour law is all about procedural and substantive fairness, which is why it is up to employers to ensure that all their disciplinary procedures are legally compliant, because one mistake could see them coughing up huge amounts of compensation or even reinstating the employee.
Labour law is a critical part of running any business successfully and if you want to avoid a costly visit to CCMA headquarters, then you need to have more than just an effective HR department. You need an expert labour law consultant on your side. Whether you’re looking for a labour consultant to assist with a CCMA hearing or you need assistance with setting up labour policies, procedures and best practices that are in line with the current codes of practice – CHA Group is the right Labour Consultancy House to partner with.