Labour Law Terms

Affirmative action

Employment-equity measures intended to advance suitably qualified people from designated groups and help address unfair disadvantage in the workplace.

Annual leave

Paid leave that an employee earns in an annual leave cycle under the Basic Conditions of Employment Act or a more favourable contract or collective agreement.

Arbitration

Formal labour-dispute hearing where a commissioner hears evidence and can issue a binding arbitration award.

Arbitration Award

The written decision issued after arbitration that records the commissioner or arbitrator's findings and order.

Automatically Unfair Dismissal

A serious dismissal category where the reason for dismissal is prohibited by labour law, such as certain protected rights or discriminatory reasons.

Bargaining council

A statutory labour-relations body for a sector or industry that can regulate collective agreements and may handle certain workplace disputes.

Basic Conditions of Employment Act

South Africa's main employment statute setting minimum conditions for many workers, including hours, leave, pay records, notice, deductions, and related basic rights.

Benefits dispute

A workplace dispute about employment benefits such as pension, medical aid, allowances, bonuses, leave-related benefits, or other benefits linked to the employment relationship.

CCMA

South Africa's statutory labour-dispute body for many workplace disputes, including conciliation and certain arbitrations.

CCMA rescission

A CCMA process asking for an award or ruling to be cancelled or changed in legally recognised circumstances, often where a party was absent or there was a procedural problem.

CCMA Review

A Labour Court process used to challenge a CCMA arbitration award on review grounds rather than rehearing the case from the beginning.

Certificate of outcome

A document issued after conciliation showing whether a labour dispute was resolved or remained unresolved, often affecting the next step.

COIDA

The Compensation for Occupational Injuries and Diseases Act framework for workplace injury and occupational disease compensation claims in South Africa.

Con-arb

A CCMA or bargaining-council process where conciliation and arbitration are scheduled together so arbitration may follow immediately if conciliation does not resolve the dispute.

Conciliation

Settlement-focused CCMA or bargaining-council step where a commissioner helps the parties try to resolve a labour dispute.

Condonation

A request for permission to continue with a labour or court process after a deadline was missed.

Constructive Dismissal

A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.

Deductions from remuneration

Amounts taken off an employee's pay, which must be checked against the BCEA, written agreements, law, court orders, payroll records, and the reason for the deduction.

Demotion

A workplace change where an employee is moved to a lower position, lower grade, reduced responsibility level, or lower remuneration structure.

Disciplinary Hearing

A workplace process used to hear allegations of misconduct or other disciplinary issues before an outcome is decided.

Dismissal For Misconduct

Termination of employment because the employer alleges misconduct by the employee.

Employment equity plan

A workplace plan used by a designated employer to set employment-equity objectives, measures, responsibilities, and timeframes under South African employment-equity law.

Employment Lawyer

Employment Lawyer describes legal help linked to labour law, including matters such as employment disputes, contracts, and workplace rights.

Equal pay for equal value

An employment-equity principle concerned with whether employees performing the same, similar, or equal-value work are paid differently for unfair or discriminatory reasons.

Family responsibility leave

A statutory leave category that may apply when an employee needs leave for certain family-related events recognised by South African employment law.

Incapacity dismissal

A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.

Labour Appeal Court

A specialist superior court that hears appeals and related labour matters from the Labour Court in South Africa.

Labour Court

A specialist South African court that hears labour and employment matters, including many reviews and urgent labour disputes.

Labour Lawyer

Labour Lawyer describes legal help linked to labour law, including matters such as dismissal, CCMA disputes, and workplace discipline.

LRA Form 7.11

The CCMA referral form commonly used to start many dismissal, unfair labour practice, and workplace-dispute referrals.

LRA Form 7.13

A CCMA form commonly connected to applying for variation or rescission of an arbitration award or ruling under the labour dispute process.

Maternity leave

Leave connected to pregnancy and childbirth, protected under the Basic Conditions of Employment Act and related employment and UIF frameworks.

National Minimum Wage

The legally prescribed minimum hourly wage floor for covered workers in South Africa, updated by official notice and subject to category rules.

Notice period

The period of warning required before employment ends, unless the law, contract, collective agreement, or dismissal circumstances allow a different outcome.

Occupational detriment

Workplace harm or disadvantage suffered by a worker because of a protected disclosure, complaint, or legally protected workplace conduct.

Operational Requirements

Economic, technological, structural, or similar employer needs that may form the basis for retrenchment.

Ordinary hours of work

The normal working hours agreed or regulated before overtime, rest-period, sectoral, or special working-time rules are applied.

Overtime

Work performed beyond ordinary working hours, where payment, time off, consent, and limits must be checked against the BCEA, contract, and sector rules.

Parental leave

A statutory leave category for a parent of a child, separate from maternity leave and other family-related leave categories.

Poor Performance Dismissal

Dismissal based on an allegation that the employee failed to meet reasonable performance standards.

Precautionary suspension

A temporary workplace suspension used while an employer investigates allegations or manages workplace risk before a final disciplinary outcome.

Probation dispute

A workplace dispute about how an employee's probation period was managed, extended, assessed, or used in a dismissal decision.

Procedural Fairness In Dismissal

The fairness of the process followed before dismissal.

Promotion dispute

A workplace dispute about an appointment, promotion, acting role, or advancement opportunity where an employee says the process or outcome was unfair.

Protected disclosure

A disclosure by a worker about certain wrongdoing or risk that may receive legal protection when made through recognised channels and in the required circumstances.

Retrenchment

No-fault dismissal based on an employer's operational requirements, such as economic, structural, technological, or similar business needs.

Section 189 Consultation

The consultation process used before many operational-requirements dismissals.

Section 189A facilitation

A facilitated consultation process for certain large-scale retrenchment matters under section 189A of the Labour Relations Act.

Settlement agreement

A written agreement recording the terms on which parties resolve a workplace dispute, claim, disciplinary matter, retrenchment issue, or CCMA/Labour Court process.

Severance Pay

Payment that may be due when an employee is dismissed for operational requirements.

Sexual harassment at work

Unwelcome sexual conduct in the workplace that can affect dignity, safety, equality, and employment rights.

Sick leave

Paid leave connected to an employee's own illness or injury, checked against the Basic Conditions of Employment Act, employment records, and any more favourable rule.

Substantive Fairness In Dismissal

The fairness of the reason for dismissal.

UIF

The Unemployment Insurance Fund, a statutory system that can provide qualifying short-term benefits for unemployment, illness, maternity, adoption, parental, and dependant situations.

Unfair discrimination at work

Workplace discrimination that may be unlawful because it treats an employee or job applicant unfairly on a prohibited or protected ground.

Unfair Dismissal

Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.

Unfair Labour Practice

Certain unfair employer conduct involving issues such as promotion, demotion, benefits, suspension, discipline, or occupational detriment.

Workplace Harassment

Unwanted workplace conduct that can undermine dignity, safety, equality, or the ability to work.

Workplace Suspension

Temporary removal from normal work duties while an issue is investigated, managed, or decided.

Written particulars of employment

The written employment information an employer must give an employee about core terms such as the job, pay, hours, leave, notice, and workplace details.

Core definitions

Core terms in this track

AliasesCommission for Conciliation, Mediation and Arbitration

CCMA

South Africa's statutory labour-dispute body for many workplace disputes, including conciliation and certain arbitrations.

Conciliation

Settlement-focused CCMA or bargaining-council step where a commissioner helps the parties try to resolve a labour dispute.

Arbitration

Formal labour-dispute hearing where a commissioner hears evidence and can issue a binding arbitration award.

Unfair Dismissal

Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.

Retrenchment

No-fault dismissal based on an employer's operational requirements, such as economic, structural, technological, or similar business needs.

LRA Form 7.11

The CCMA referral form commonly used to start many dismissal, unfair labour practice, and workplace-dispute referrals.

Condonation

A request for permission to continue with a labour or court process after a deadline was missed.

Arbitration Award

The written decision issued after arbitration that records the commissioner or arbitrator's findings and order.

CCMA Review

A Labour Court process used to challenge a CCMA arbitration award on review grounds rather than rehearing the case from the beginning.

Labour Court

A specialist South African court that hears labour and employment matters, including many reviews and urgent labour disputes.

Automatically Unfair Dismissal

A serious dismissal category where the reason for dismissal is prohibited by labour law, such as certain protected rights or discriminatory reasons.

Constructive Dismissal

A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.

Dismissal For Misconduct

Termination of employment because the employer alleges misconduct by the employee.

Poor Performance Dismissal

Dismissal based on an allegation that the employee failed to meet reasonable performance standards.

Operational Requirements

Economic, technological, structural, or similar employer needs that may form the basis for retrenchment.

Section 189 Consultation

The consultation process used before many operational-requirements dismissals.

Severance Pay

Payment that may be due when an employee is dismissed for operational requirements.

Procedural Fairness In Dismissal

The fairness of the process followed before dismissal.

Substantive Fairness In Dismissal

The fairness of the reason for dismissal.

Disciplinary Hearing

A workplace process used to hear allegations of misconduct or other disciplinary issues before an outcome is decided.

Workplace Suspension

Temporary removal from normal work duties while an issue is investigated, managed, or decided.

Unfair Labour Practice

Certain unfair employer conduct involving issues such as promotion, demotion, benefits, suspension, discipline, or occupational detriment.

Workplace Harassment

Unwanted workplace conduct that can undermine dignity, safety, equality, or the ability to work.

Affirmative action

Employment-equity measures intended to advance suitably qualified people from designated groups and help address unfair disadvantage in the workplace.

Bargaining council

A statutory labour-relations body for a sector or industry that can regulate collective agreements and may handle certain workplace disputes.

Benefits dispute

A workplace dispute about employment benefits such as pension, medical aid, allowances, bonuses, leave-related benefits, or other benefits linked to the employment relationship.

CCMA rescission

A CCMA process asking for an award or ruling to be cancelled or changed in legally recognised circumstances, often where a party was absent or there was a procedural problem.

Certificate of outcome

A document issued after conciliation showing whether a labour dispute was resolved or remained unresolved, often affecting the next step.

COIDA

The Compensation for Occupational Injuries and Diseases Act framework for workplace injury and occupational disease compensation claims in South Africa.

Con-arb

A CCMA or bargaining-council process where conciliation and arbitration are scheduled together so arbitration may follow immediately if conciliation does not resolve the dispute.

Demotion

A workplace change where an employee is moved to a lower position, lower grade, reduced responsibility level, or lower remuneration structure.

Employment equity plan

A workplace plan used by a designated employer to set employment-equity objectives, measures, responsibilities, and timeframes under South African employment-equity law.

Equal pay for equal value

An employment-equity principle concerned with whether employees performing the same, similar, or equal-value work are paid differently for unfair or discriminatory reasons.

Family responsibility leave

A statutory leave category that may apply when an employee needs leave for certain family-related events recognised by South African employment law.

Incapacity dismissal

A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.

Labour Appeal Court

A specialist superior court that hears appeals and related labour matters from the Labour Court in South Africa.

LRA Form 7.13

A CCMA form commonly connected to applying for variation or rescission of an arbitration award or ruling under the labour dispute process.

Occupational detriment

Workplace harm or disadvantage suffered by a worker because of a protected disclosure, complaint, or legally protected workplace conduct.

Parental leave

A statutory leave category for a parent of a child, separate from maternity leave and other family-related leave categories.

Precautionary suspension

A temporary workplace suspension used while an employer investigates allegations or manages workplace risk before a final disciplinary outcome.

Probation dispute

A workplace dispute about how an employee's probation period was managed, extended, assessed, or used in a dismissal decision.

Promotion dispute

A workplace dispute about an appointment, promotion, acting role, or advancement opportunity where an employee says the process or outcome was unfair.

Protected disclosure

A disclosure by a worker about certain wrongdoing or risk that may receive legal protection when made through recognised channels and in the required circumstances.

Section 189A facilitation

A facilitated consultation process for certain large-scale retrenchment matters under section 189A of the Labour Relations Act.

Settlement agreement

A written agreement recording the terms on which parties resolve a workplace dispute, claim, disciplinary matter, retrenchment issue, or CCMA/Labour Court process.

Written particulars of employment

The written employment information an employer must give an employee about core terms such as the job, pay, hours, leave, notice, and workplace details.

Annual leave

Paid leave that an employee earns in an annual leave cycle under the Basic Conditions of Employment Act or a more favourable contract or collective agreement.

Basic Conditions of Employment Act

South Africa's main employment statute setting minimum conditions for many workers, including hours, leave, pay records, notice, deductions, and related basic rights.

Deductions from remuneration

Amounts taken off an employee's pay, which must be checked against the BCEA, written agreements, law, court orders, payroll records, and the reason for the deduction.

Maternity leave

Leave connected to pregnancy and childbirth, protected under the Basic Conditions of Employment Act and related employment and UIF frameworks.

National Minimum Wage

The legally prescribed minimum hourly wage floor for covered workers in South Africa, updated by official notice and subject to category rules.

Notice period

The period of warning required before employment ends, unless the law, contract, collective agreement, or dismissal circumstances allow a different outcome.

Ordinary hours of work

The normal working hours agreed or regulated before overtime, rest-period, sectoral, or special working-time rules are applied.

Overtime

Work performed beyond ordinary working hours, where payment, time off, consent, and limits must be checked against the BCEA, contract, and sector rules.

Sexual harassment at work

Unwelcome sexual conduct in the workplace that can affect dignity, safety, equality, and employment rights.

Sick leave

Paid leave connected to an employee's own illness or injury, checked against the Basic Conditions of Employment Act, employment records, and any more favourable rule.

UIF

The Unemployment Insurance Fund, a statutory system that can provide qualifying short-term benefits for unemployment, illness, maternity, adoption, parental, and dependant situations.

Unfair discrimination at work

Workplace discrimination that may be unlawful because it treats an employee or job applicant unfairly on a prohibited or protected ground.

Labour Lawyer

Labour Lawyer describes legal help linked to labour law, including matters such as dismissal, CCMA disputes, and workplace discipline.

Employment Lawyer

Employment Lawyer describes legal help linked to labour law, including matters such as employment disputes, contracts, and workplace rights.

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AliasesCommission for Conciliation, Mediation and Arbitration

CCMA

South Africa's statutory labour-dispute body for many workplace disputes, including conciliation and certain arbitrations.

Conciliation

Settlement-focused CCMA or bargaining-council step where a commissioner helps the parties try to resolve a labour dispute.

Arbitration

Formal labour-dispute hearing where a commissioner hears evidence and can issue a binding arbitration award.

Unfair Dismissal

Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.

Retrenchment

No-fault dismissal based on an employer's operational requirements, such as economic, structural, technological, or similar business needs.

LRA Form 7.11

The CCMA referral form commonly used to start many dismissal, unfair labour practice, and workplace-dispute referrals.

Condonation

A request for permission to continue with a labour or court process after a deadline was missed.

Arbitration Award

The written decision issued after arbitration that records the commissioner or arbitrator's findings and order.

CCMA Review

A Labour Court process used to challenge a CCMA arbitration award on review grounds rather than rehearing the case from the beginning.

Labour Court

A specialist South African court that hears labour and employment matters, including many reviews and urgent labour disputes.

Automatically Unfair Dismissal

A serious dismissal category where the reason for dismissal is prohibited by labour law, such as certain protected rights or discriminatory reasons.

Constructive Dismissal

A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.

Dismissal For Misconduct

Termination of employment because the employer alleges misconduct by the employee.

Poor Performance Dismissal

Dismissal based on an allegation that the employee failed to meet reasonable performance standards.

Operational Requirements

Economic, technological, structural, or similar employer needs that may form the basis for retrenchment.

Section 189 Consultation

The consultation process used before many operational-requirements dismissals.

Severance Pay

Payment that may be due when an employee is dismissed for operational requirements.

Procedural Fairness In Dismissal

The fairness of the process followed before dismissal.

Substantive Fairness In Dismissal

The fairness of the reason for dismissal.

Disciplinary Hearing

A workplace process used to hear allegations of misconduct or other disciplinary issues before an outcome is decided.

Workplace Suspension

Temporary removal from normal work duties while an issue is investigated, managed, or decided.

Unfair Labour Practice

Certain unfair employer conduct involving issues such as promotion, demotion, benefits, suspension, discipline, or occupational detriment.

Workplace Harassment

Unwanted workplace conduct that can undermine dignity, safety, equality, or the ability to work.

Affirmative action

Employment-equity measures intended to advance suitably qualified people from designated groups and help address unfair disadvantage in the workplace.

Bargaining council

A statutory labour-relations body for a sector or industry that can regulate collective agreements and may handle certain workplace disputes.

Benefits dispute

A workplace dispute about employment benefits such as pension, medical aid, allowances, bonuses, leave-related benefits, or other benefits linked to the employment relationship.

CCMA rescission

A CCMA process asking for an award or ruling to be cancelled or changed in legally recognised circumstances, often where a party was absent or there was a procedural problem.

Certificate of outcome

A document issued after conciliation showing whether a labour dispute was resolved or remained unresolved, often affecting the next step.

COIDA

The Compensation for Occupational Injuries and Diseases Act framework for workplace injury and occupational disease compensation claims in South Africa.

Con-arb

A CCMA or bargaining-council process where conciliation and arbitration are scheduled together so arbitration may follow immediately if conciliation does not resolve the dispute.

Demotion

A workplace change where an employee is moved to a lower position, lower grade, reduced responsibility level, or lower remuneration structure.

Employment equity plan

A workplace plan used by a designated employer to set employment-equity objectives, measures, responsibilities, and timeframes under South African employment-equity law.

Equal pay for equal value

An employment-equity principle concerned with whether employees performing the same, similar, or equal-value work are paid differently for unfair or discriminatory reasons.

Family responsibility leave

A statutory leave category that may apply when an employee needs leave for certain family-related events recognised by South African employment law.

Incapacity dismissal

A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.

Labour Appeal Court

A specialist superior court that hears appeals and related labour matters from the Labour Court in South Africa.

LRA Form 7.13

A CCMA form commonly connected to applying for variation or rescission of an arbitration award or ruling under the labour dispute process.

Occupational detriment

Workplace harm or disadvantage suffered by a worker because of a protected disclosure, complaint, or legally protected workplace conduct.

Parental leave

A statutory leave category for a parent of a child, separate from maternity leave and other family-related leave categories.

Precautionary suspension

A temporary workplace suspension used while an employer investigates allegations or manages workplace risk before a final disciplinary outcome.

Probation dispute

A workplace dispute about how an employee's probation period was managed, extended, assessed, or used in a dismissal decision.

Promotion dispute

A workplace dispute about an appointment, promotion, acting role, or advancement opportunity where an employee says the process or outcome was unfair.

Protected disclosure

A disclosure by a worker about certain wrongdoing or risk that may receive legal protection when made through recognised channels and in the required circumstances.

Section 189A facilitation

A facilitated consultation process for certain large-scale retrenchment matters under section 189A of the Labour Relations Act.

Settlement agreement

A written agreement recording the terms on which parties resolve a workplace dispute, claim, disciplinary matter, retrenchment issue, or CCMA/Labour Court process.

Written particulars of employment

The written employment information an employer must give an employee about core terms such as the job, pay, hours, leave, notice, and workplace details.

Annual leave

Paid leave that an employee earns in an annual leave cycle under the Basic Conditions of Employment Act or a more favourable contract or collective agreement.

Basic Conditions of Employment Act

South Africa's main employment statute setting minimum conditions for many workers, including hours, leave, pay records, notice, deductions, and related basic rights.

Deductions from remuneration

Amounts taken off an employee's pay, which must be checked against the BCEA, written agreements, law, court orders, payroll records, and the reason for the deduction.

Maternity leave

Leave connected to pregnancy and childbirth, protected under the Basic Conditions of Employment Act and related employment and UIF frameworks.

National Minimum Wage

The legally prescribed minimum hourly wage floor for covered workers in South Africa, updated by official notice and subject to category rules.

Notice period

The period of warning required before employment ends, unless the law, contract, collective agreement, or dismissal circumstances allow a different outcome.

Ordinary hours of work

The normal working hours agreed or regulated before overtime, rest-period, sectoral, or special working-time rules are applied.

Overtime

Work performed beyond ordinary working hours, where payment, time off, consent, and limits must be checked against the BCEA, contract, and sector rules.

Sexual harassment at work

Unwelcome sexual conduct in the workplace that can affect dignity, safety, equality, and employment rights.

Sick leave

Paid leave connected to an employee's own illness or injury, checked against the Basic Conditions of Employment Act, employment records, and any more favourable rule.

UIF

The Unemployment Insurance Fund, a statutory system that can provide qualifying short-term benefits for unemployment, illness, maternity, adoption, parental, and dependant situations.

Unfair discrimination at work

Workplace discrimination that may be unlawful because it treats an employee or job applicant unfairly on a prohibited or protected ground.

Labour Lawyer

Labour Lawyer describes legal help linked to labour law, including matters such as dismissal, CCMA disputes, and workplace discipline.

Labour Law Preparation Pack

Employment Lawyer

Employment Lawyer describes legal help linked to labour law, including matters such as employment disputes, contracts, and workplace rights.

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Checklist

CCMA Checklist

Preparation checklist for CCMA referral, conciliation, and arbitration steps.

Dismissal Evidence Pack

Evidence planning pack for dismissal disputes and workplace disciplinary records.

Labour Law Checklist

Retrenchment Checklist

Checklist for gathering consultation, selection criteria, severance, and retrenchment process documents.

Labour Law Checklist

Disciplinary Hearing Checklist

Checklist for preparing notices, evidence, witnesses, timelines, and questions before a disciplinary hearing.

Labour Law Preparation Pack

Labour Lawyer South Africa Preparation Checklist

Prepare for a South African labour-law consultation by organising employment status, dismissal or workplace-dispute dates, CCMA route questions, evidence, witnesses, and fee issues.

Labour Law Preparation Pack

Labour Lawyer Preparation Checklist

Prepare a labour-law consultation by organising workplace facts, employment documents, disciplinary records, CCMA questions, witnesses, and deadline risks.