South Africa · 4th Year · Labour Law
LRA, BCEA & Dismissal
The statutes and leading cases.
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Show all 9 questions and answers in this book
1.Three main labour statutes?
The Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997 and the Employment Equity Act 55 of 1998.
Acts 66 of 1995, 75 of 1997, 55 of 1998
2.Which constitutional section protects labour rights?
Section 23: fair labour practices, and the rights to form and join trade unions and to strike.
Constitution s 23
3.What is the CCMA?
The Commission for Conciliation, Mediation and Arbitration, set up under the LRA to resolve labour disputes.
LRA 66 of 1995, s 112
4.LRA s 186?
Defines dismissal, including constructive dismissal and failure to renew a fixed-term contract where renewal was reasonably expected.
LRA 66 of 1995, s 186
5.LRA s 187?
Automatically unfair dismissals, e.g. for taking part in a protected strike, pregnancy, or unfair discrimination.
LRA 66 of 1995, s 187
6.LRA s 188 — fair reasons for dismissal?
Conduct, capacity or the employer's operational requirements, with a fair procedure.
LRA 66 of 1995, s 188
7.LRA s 189?
Procedural requirements for dismissals based on operational requirements (retrenchments), including consultation.
LRA 66 of 1995, s 189
8.Sidumo v Rustenburg Platinum Mines (2007) — held?
A commissioner decides the fairness of a dismissal on their own sense of fairness without deferring to the employer; the review test is whether the decision is one a reasonable decision-maker could reach.
2008 (2) SA 24 (CC)
9.Which Act introduced a national minimum wage?
The National Minimum Wage Act 9 of 2018.
Act 9 of 2018