Unfair Dismissals

In South African law, unfair dismissal refers to the termination of an employee's contract of employment without a fair reason or without following a fair process. The Labour Relations Act (LRA) provides for the protection of employees against unfair dismissal and sets out the procedures that employers must follow in order to terminate an employee's contract of employment. Employees who believe they have been unfairly dismissed can refer the matter to the…

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Unfair Discrimination

Unfair discrimination in South African law refers to treating someone differently and less favorably on the grounds of certain prohibited grounds, such as race, gender, sexual orientation, religion, pregnancy, HIV status, and disability. This type of discrimination is prohibited by the Constitution of South Africa and various other laws, including the Employment Equity Act, the Promotion of Equality and Prevention of Unfair Discrimination Act, and the Equality Act. The Constitution of South…

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Labour Court

The Labour Court in Johannesburg is a specialized court in South Africa that deals with disputes related to labour and employment law. It has the jurisdiction to hear and determine disputes between employers and employees, as well as disputes between trade unions and employers. The court is located in the city of Johannesburg and is responsible for hearing cases from the Gauteng province and surrounding areas. The Labour Court has the power…

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What is the limitation on the right to severance pay?

There are a few limitations on the right to severance pay, which is not limited to the following: When there is a break in the employee’s service (more than 12 months), the employee will not be entitled to severance pay for the years exceeding the break in service; If the employee worked on a fixed-term contract for less than two years, the employee will not be entitled to severance pay. The employer…

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