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Recent amendments have been passed changing some of key aspects of Labour Legislation in South Africa.  

This legislation is the output of discussions that have taken place with the major stakeholders and attempts to address the various constituent needs in a practical and balanced way.

Dispute resolution by CCMA and Labour Court:

  • Provision is made for a continuous process of conciliation and arbitration  (Section 191(5)A) in all probation disputes and all dismissal dispute relating to misconduct and incapacity.

  • Employers and workers can now consent or contract to have a final and binding disciplinary hearing conducted by a CCMA commissioner (Section 188A).

  • CCMA director is enjoined to make arbitration awards of CCMA, Bargaining Councils or accredited agency arbitrator’s orders of the Labour Court.

  • Probationary period is clarified and, employers need to meet a lower burden of proof in establishing substantive fairness of the dismissal (Schedule 8).

  • Commissioners have been given discretion as to the amount of compensation that they may award for dismissal, limited to twelve months (Section 194).

  • Clarity is given as to nature and limit of compensation to be awarded for unfair labour practices.

  •  Bargaining council Arbitrators are now given similar powers to CCMA Arbitrators.

  • The Labour relations Act is aligned to the Protected Disclosures Act and it is automatically unfair for a worker to be dismissed for making such a disclosure”.

  •  The CCMA Governing Body is empowered to make rules and processes regulating its functions including who may represent at a CCMA hearing and the charging of fees for services.

  •  The Governing Body has duly agreed on a set of rules, which are published by the Governing Body simultaneously with the regulations. The governing Body of the CCMA has also agreed on alignment and refinements to all CCMA forms.  

Information provided on this page is based on the document “Labour Law Amendments 2002” found on the Department of Labour’s website.  

>> Labour Law

>>  useful links

>>  advice

>>  conciliation

>>  arbitrations

>>  con-arb

>>  formal grievance procedure



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