The law of South Africa is a matter of great contention and discussion between both lawyers and lay people. There is always an opinion by someone as to what the law is and what it should be.
One of the most contentious fields of law, particularly in this country is Labour Law. South Africa is in a particularly interesting position in this respect. It is very rare that trade union movements have as much power as they do in this country. COSATU, in particular, is one of the largest and most influential trade union confederations in the world and in South Africa wield considerable power, not only in workplaces in fields from mining to transport but also in the political sphere, where they often hold a political whip hand.
Labour Law then has become a branch of the law in this country which is constantly at the forefront of the lives of workers and employers alike. The volume of matters in the Labour courts around the main cities are testament to this. The Labour court deals with a lot of different disputes, supported in its structures by other bodies such as the bargaining councils and the Council for Conciliation, Mediation and Arbitration (CCMA).
I would like to address one of the more important aspects of Labour Law – dismissal, or more specifically, unfair dismissal. Dismissal is an unfortunate aspect of employment, and without going into further detail on this, there are a number of legitimate reasons for dismissal. In this article, I am going to focus on those dismissals which would be unfair, or automatically unfair.
The Labour Legislation of South Africa affords many rights to employees in this country. Of paramount importance are the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act. Contained in these various Acts are the basic rights in respect of workers.
Above all of these laws stands the Constitution of the Republic, which is the highest law of the land, and to which all laws are subordinate. In terms of the Constitution, of particular importance is Section 23, which is titled ‘Labour Relations’ and is concerned with the right to fair labour practices. The provisions of this section deal primarily with trade unions and membership thereof.
Courtesy: Theron THERON & THERON INC; www.divlaw.co.za
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