10 Questions
Which legislation was amended in 2002 by the Labour Relations Amendment Act?
Labour Relations Act
Which Act has been repealed and replaced by a new law in South Africa?
Unemployment Insurance Act
Who does the employment protection legislation apply to according to the text?
Employees working partly outside South Africa
Can an employee contract out of statutory employment protection in South Africa?
No, unless the legislation specifically permits it
Which Act governs compensation for work-related injuries and diseases in South Africa?
Compensation for Occupational Injuries and Diseases Act
What is the purpose of the codes of practice discussed in the text?
To provide guidelines for compliance without direct legal effect
How does the text define misconduct?
Unacceptable or improper employee behavior
Why is it important for employers to consistently apply rules towards all employees?
To ensure equal treatment of all employees
What is the main objective of progressive discipline according to the text?
To increase penalties for repeat occurrences
Which legislation endorses the concept of corrective or progressive discipline according to the text?
Labour Relations Act (South Africa)
Study Notes
Labour Law in South Africa
- Labour legislation in South Africa is supported by codes of practice, which are taken into account by Labour Courts to determine if an employer has breached statutory employment regulations.
Codes of Practice
- Codes of practice can be statutory, drawn up by the National Economic Development and Labour Council (NEDLAC), or non-statutory, issued by the Commission for Conciliation, Mediation & Arbitration (CCMA).
- Although codes of practice are not always legally binding, they are considered by Labour Courts in determining employer compliance with employment regulations.
Misconduct
- Misconduct is unacceptable or improper behaviour by an employee.
- Not all misconduct justifies dismissal; only serious misconduct does.
- Factors to consider when determining seriousness of misconduct include:
- Is there a rule in the workplace about misconduct?
- Is the rule valid or reasonable?
- Is the rule known to the employee?
- Is the rule consistently applied by the employer?
- Is the misconduct serious enough to justify dismissal?
Corrective Discipline
- Progressive discipline is a system of discipline where penalties increase upon repeat occurrences.
- This system aims to rehabilitate employees and encourage them to correct their behaviour.
- Corrective discipline is embedded in Schedule 8(3) subsection (2) & (3) of the Labour Relations Act.
Introduction to Labour Law
- Labour law in South Africa was reformed after 1994.
- The main employment law statutes in South Africa include:
- Labour Relations Act 66 of 1995 (LRA)
- Basic Conditions of Employment Act 75 of 1997 (BCEA)
- Employment Equity Act 55 of 1998 (EEA)
- Skills Development Act 97 of 1998 (SDA)
- Unemployment Insurance Act 30 of 1996 (UIA)
- Occupational Health and Safety Act 85 of 1993 (OHSA)
- Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA)
- Employment protection legislation applies to all employees who work in South Africa, regardless of nationality or employment contract.
Explore the key employment law statutes of South Africa, including the Labour Relations Act and the Basic Conditions of Employment Act, which have been reformed since the country's democratisation in 1994. Test your knowledge on the legal framework governing labor rights in South Africa.
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