Employment issues

Employment issues

Conflict at work can take many forms. It might be another person with a grievance against you, a problem between you and a manager or a conflict between you and another co-worker.

For example:

  • You have been fired from your work without any procedure or notice;
  • You have applied for your pension from your employer but nothing has happened;
  • Your employer was taking UIF off your salary but wasn’t paying it to the Department of Labour;
  • Your employer hasn’t paid you your salary;
  • You have been retrenched and promised benefits within 3 months but nothing has happened.

LEGAL AID ASSISTANCE

  • Legal representation in Labour and Labour Appeal Courts;
  • Assistance to farm workers in finalising their rights under the Labour Relations Act 66 of 1995, as required under section 8(3) of the Extension of Security of Tenure Act 62 of 1997 (ESTA);
  • Assistance to Legal Aid SA clients to enforce Commission for Conciliation, Mediation and Arbitration (CCMA) awards except where there is no prospect of recovery;

Section 149(1)(b) of the Labour Relations Act allows the CCMA, in co-ordination with Legal Aid SA, to further provide for legal assistance and advice in non-litigious forms of dispute resolution. When arrangements are made to implement this provision, stakeholders will be advised by an Legal Aid SA Circular.

NO LEGAL AID ASSISTANCE

  • Legal Aid SA does not provide legal representation for conciliation and arbitration proceedings at the CCMA or Bargaining Councils.

If you have an employment or labour-related issue, we suggest that you contact your nearest office of the Commission for Conciliation, Mediation and Arbitration (CCMA).

If this process fails and the Commissioner recommends assistance or representation by a legal practitioner in the Labour Court, they will assist you in approaching Legal Aid South Africa for help.

Alternatively, contact the South African Society for Labour Law (SASLAW), that offers a quality advisory service and limited legal services on labour matters to those who otherwise do not have access to justice. Their Administrators at the Pro Bono Offices can be found at the contacts below:

The operating hours of the various offices of SASLAW are as follows:

  • Johannesburg: 09h00 to 14h00 Tuesday, Wednesday, Thursday;
  • Durban: 09h00 to 13h00 Wednesday;
  • Cape Town: 09h00 to 14h00 Friday;
  • Port Elizabeth: 09h00 to 12h00 Monday.

For more information about the South African Society for Labour Law, visit them at: www.saslaw.org.za.

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