Most people do not expect to need legal advice to deal with their employer. Then a disciplinary notice lands in their inbox, a salary deduction appears on their payslip, or they are suddenly told that their employment is ending. Knowing your rights and where to get accurate, affordable advice is key to navigating these difficult moments.
Labour law is intended to balance the rights and responsibilities of employers and employees. The challenge is knowing how those rights apply. AI platforms can help make legal information more accessible, providing personalised guidance on common workplace issues and helping you understand your options before deciding what to do next – all without the cost of consulting with an attorney, or the doubt that comes with doing your own legal research.
Here are answers to some of the most common labour rights questions asked on the My AI Lawyer platform.
I think I have been unfairly dismissed. What should I do?
If you believe your dismissal was unfair and have exhausted your company’s internal processes to appeal it, do not wait before taking action. Under the Labour Relations Act, you can challenge an unfair dismissal, but you usually have only 30 days from the date of dismissal to refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or your bargaining council.
Before making the referral, put the facts together. Keep your dismissal letter, disciplinary documents, warnings, employment contract and relevant emails and WhatsApp messages. Write down a timeline of what happened, including the dates of incidents, warnings, hearings and the dismissal itself. If there are witnesses, keep their contact details and any statements you may need. If you belong to a union, speak to your shop steward or representative as soon as possible.
The first step at the CCMA is conciliation, where the aim is to mediate and settle the dispute. If you cannot reach an agreement with your employer, the matter can proceed to arbitration, where a commissioner will decide whether the dismissal was fair under South Africa’s labour laws. Depending on the circumstances, the outcome could be reinstatement, re-employment, compensation or a finding that the dismissal was fair.
How do I take a dispute with my employer to the CCMA?
When something goes wrong at work, the CCMA process can seem daunting. In practice, the first thing to establish is what kind of dispute you have and whether you are still within the relevant time limit.
For an unfair dismissal, you generally have 30 days to refer the matter to the CCMA using form 7.11. For an unfair labour practice – for example, certain disputes about payment or treatment in the workplace – you usually have 90 days from when the dispute arose and should also use form 7.11.
Let your employer know you are referring the matter to the CCMA. Then you can submit the form to the CCMA using an accepted method such as in person, email or registered post. Keep proof that you submitted it on time.
If you have missed the deadline, you can ask for condonation, but you will need to explain and prove “good cause” for the delay. Condonation is not guaranteed, so meeting the original deadline is far better.
The CCMA will then schedule a meeting called conciliation. During this meeting, you can be represented by an official from your union. You cannot ordinarily have a lawyer represent you without special permission.
The aim is to see whether you and your employer can reach a practical agreement.
If conciliation fails, the CCMA can issue the necessary certificate for the matter to proceed to arbitration, where a commissioner makes a binding decision.
I have been given a warning. How long does it last?
A warning at work is unsettling, particularly if you are not sure whether it is just a formal reprimand or the first step towards dismissal. Warnings can relate to matters such as misconduct – including insubordination, neglect of duty or policy violations – or poor performance. But the employer still needs to follow a fair process and have a valid reason for the disciplinary action.
Employers must use warnings as part of “progressive discipline” – a step-by-step approach to dealing with conduct or performance problems. It might start with counselling or a verbal warning, followed by a written warning, then a final written warning. If the problem continues, or the original conduct is sufficiently serious, the employer could consider dismissing you.
One point many people wonder about is how long a warning remains valid. There is no fixed statutory expiry date for warnings in the Labour Relations Act. The period will generally be determined by your employer’s disciplinary code, so it is worth checking your company’s policy. Most employers treat verbal and written warnings as valid for around three to six months and final written warnings for six to 12 months.
My employer deducted money from my salary. Can they do that?
Your employer may deduct money from your remuneration only in certain circumstances. The deduction may be required by law, such as income tax or UIF; ordered by a court or SARS; permitted by a collective agreement, such as union membership fees; or agreed to by you in writing for a specific purpose, such as repaying a loan made by your employer.
That means an employer cannot simply decide to deduct money from your salary because, for example, it says you damaged company property. If wages are unpaid or money has been withheld without a lawful basis, you can demand payment of the outstanding amount and may be able to pursue recovery through labour dispute channels such as the CCMA. The Department of Employment and Labour can also help.
I work a lot of overtime. What should I get paid for it?
Long hours can become so normal one can forget that there are legal limits on working time. The Basic Conditions of Employment Act (BCEA) sets minimum requirements around working hours, overtime, leave and public holidays. Your employment contract, collective agreement or sectoral determination can improve on these minimums but not reduce them.
Ordinary working hours are generally limited to 45 hours a week. Where an employee works beyond their ordinary hours, overtime pay should generally be 1.5 times their normal hourly wage. Work on a public holiday should generally be paid at least double the normal daily wage, although the calculation depends on whether the employee normally works on that day.
Under the BCEA, employees may not work more than 10 hours of overtime a week. But the overtime protections and pay requirements apply only to employees who earn below the earnings threshold updated each year by the Minister. Right now, that threshold applies to employees earning at or below R269,600.90 per year.
If your earnings are above the threshold, you are usually excluded from the BCEA’s mandatory overtime protections, so your overtime entitlement is governed mainly by your employment contract.
Know what to do next
When workplace issues arise, the first step is to understand what has happened, what your rights are and what options are available to you. AI-powered legal platforms can provide confidential, instant and personalised guidance based on the circumstances you describe, helping you make sense of the situation before deciding what to do next.
