CCMA Arbitrations
We represent clients in disputes before the Commission for Conciliation, Mediation, and Arbitration (CCMA), ensuring fair and just outcomes.
At Waldeck Attorneys, we are committed to delivering professional, effective, and client-focused legal solutions. Contact us today for expert guidance in labour law matters.
We assist with everything from drafting employment contracts and workplace policies to navigating dismissals, retrenchments, and CCMA disputes. Whether you’re an employer needing proactive support or an employee facing unfair treatment, we’re here to help. Let us guide you through the legal complexities with clarity and confidence.
At Waldeck Attorneys & Notaries, our labour law services include:
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In South Africa, correctly classifying workers as either employees or independent contractors is vital under labour law (LRA, BCEA). The main distinction hinges on the contract type and level of control: employees are subordinate (contract of service), while contractors are autonomous (contract for services).
Factors like supervision, integration, and who provides tools differentiate the roles. Misclassification can lead to serious legal penalties, as courts prioritise the actual working relationship over contractual labels. Employers must carefully assess engagements to ensure compliance.
Some frequently asked questions about this service:
What is the Basic Conditions of Employment Act (BCEA)?
The BCEA sets minimum conditions of employment, including working hours, leave entitlements, termination rules, and overtime pay.
What are my rights as an employee in South Africa?
Employees have rights to fair treatment, a safe work environment, fair remuneration, and protection against unfair dismissal.
How many hours can I legally work per week?
The standard working hours are 45 hours per week (9 hours per day for a 5-day week or 8 hours per day for a 6-day week). Overtime must be paid at 1.5 times the normal rate.
How much annual leave am I entitled to?
Employees are entitled to 21 consecutive days (15 working days) of paid annual leave per year.
What is the maternity leave policy?
Employees are entitled to four consecutive months of unpaid maternity leave. UIF benefits may be claimed during this period.
Do I get paternity leave?
Fathers (or partners) are entitled to 10 days of unpaid parental leave.
What happens if I fall sick?
Employees are entitled to 30 days of paid sick leave over a three-year cycle, provided they have a valid medical certificate.
Can my employer fire me without reason?
No. Employers must have a valid reason for dismissal and follow a fair procedure as per the Labour Relations Act.
What are valid reasons for dismissal?
Reasons include misconduct, poor performance, incapacity, or operational requirements (retrenchment).
What is unfair labour practice?
Unfair labour practices include unfair dismissal, demotion, unfair disciplinary action, and discrimination.
What should I do if I am unfairly dismissed?
You can lodge a dispute with the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days of dismissal.
What should I do if I am harassed at work?
Report the matter to your employer, HR, or the CCMA if the employer fails to act.
Can I be fired for being pregnant?
No. Dismissing an employee due to pregnancy is automatically unfair dismissal.
What protections exist against workplace discrimination?
The Employment Equity Act prohibits discrimination based on race, gender, disability, religion, and other factors.