Have you been dismissed by your employer, unfairly, and don’t know what options you have available to you, to remedy the unfair dismissal?
We, hereunder, briefly discuss two of the routes you may take to seek the relief that you need.
- Bargaining Council
Bargaining Councils are created in terms of section 27 of the Labour Relations Act. In terms of said section it mentions that a bargaining council is established by one or more registered trade union and one or more registered employer’s organisation.
In essence the Bargaining Council is a platform available to disgruntled employees to address certain grievances they may have against their erstwhile employers.
Commissioners are assigned to hear the matters and award rulings – which rulings hold as much weight as an order handed down by a Court.
The bargaining council may be an option available to you depending where and what type of employment you have or had.
Your employment contract and/or Disciplinary Code would advise as to whether or not a bargaining council can be referred to, in order to settle an employment dispute.
S27 (2) of the aforesaid Act states that “the State may be a party to any bargaining council established in terms of this section if it is an employer in the sector and area in respect of which the bargaining council is established. “
- Commission for Conciliation, Mediation and Arbitration
Better known as CCMA, it is the most common body for the employees to refer their grievances to, against their employers and/or former employers.
The CCMA, similarly to the Bargaining Council, hears matters between the employees and employers, and the Commissioners will attempt to conciliate, mediate or preside over the arbitrations.
The CCMA may be approached by all citizens of the Republic of South Africa, with several branches throughout the provinces in the Republic of South Africa.
Disputes pertaining to unfair labour practises and/or unfair dismissals can be referred to the CCMA.
Should issues of jurisdiction be raised, the parties will have the opportunity to make submissions to the assigned Commissioner either orally or in writing.
Should you need assistance or guidance with referring your employment disputes our office is always available to provide advice and assistance in this regard.