Unfair Dismissals
- Procedural fairness challenges
- Substantive fairness disputes
- Automatically unfair dismissals
Resolving Workplace Disputes
Labour Law & Employment Dispute Resolution Specialists
Employment relationships are governed by complex legislation designed to balance employer and employee rights. Whether you're an employer managing disciplinary processes, facing a CCMA referral, or an employee whose rights have been violated, Reddy Inc. provides expert labour law guidance and representation.
Employer Representation
Comprehensive Labour Law Support for Employers
Managing employees requires understanding your obligations under the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, and other labour legislation. We help employers navigate this complex regulatory environment, minimising legal risk whilst maintaining productive workplaces.
From drafting employment contracts to defending unfair dismissal claims, our team provides practical, commercially sensible advice that protects your business interests.
Employer Services
- Employment Contracts & Policies — Drafting and reviewing contracts, handbooks, and policies
- Disciplinary Procedures — Guiding fair and lawful disciplinary processes
- Dismissal Advice — Ensuring procedural and substantive fairness
- Retrenchment & Restructuring — Section 189 consultations and processes
- CCMA Representation — Defending conciliation and arbitration referrals
- Bargaining Council Matters — Representation at sector-specific councils
Types of Employment Disputes We Handle
Comprehensive Labour Law Expertise
Labour disputes take many forms. Our experience spans all aspects of employment law, representing both employers and employees.
Retrenchments
- Section 189 consultation processes
- Operational requirements disputes
- Severance package negotiations
Discrimination Claims
- Unfair discrimination on prohibited grounds
- Equal pay disputes
- Harassment and victimisation
Contract Disputes
- Breach of employment contract
- Restraint of trade enforcement
- Fixed-term contract issues
Wage & Benefits
- Unpaid salaries and bonuses
- Commission disputes
- Leave pay and benefits claims
Workplace Safety
- Occupational health and safety violations
- Compensation for workplace injuries
- Unsafe working conditions
Working Conditions
- Overtime disputes
- Working hours violations
- Rest period and leave entitlements
Performance Management
- Unfair performance evaluations
- Demotion disputes
- Performance improvement plan challenges
Constructive Dismissal
- Intolerable working conditions
- Forced resignation circumstances
- Employer conduct forcing termination
Employee Representation
Fighting for Employee Rights & Fair Treatment
Every employee has the right to fair labour practices, including protection against unfair dismissal, discrimination, and unsafe working conditions. If your employer has violated your rights, we provide the expertise and advocacy you need to challenge unfair treatment.
Whether you’ve been unfairly dismissed, subjected to discrimination, or denied benefits you’re owed, our team will fight to enforce your rights and secure appropriate remedies.
Employee Services
- Unfair Dismissal Claims — Challenging unlawful terminations
- Discrimination Claims — CCMA and equality court proceedings
- Constructive Dismissal — When intolerable working conditions force resignation
- Wage & Benefit Disputes — Recovering unpaid salaries, bonuses, and benefits
- Workplace Harassment — Addressing bullying and harassment
- Wrongful Suspension — Challenging unlawful suspension without pay
The CCMA Process
What to Expect at the CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) is where most employment disputes are resolved. Understanding the process helps you prepare effectively.
Referral
- Employee lodges dispute at CCMA
- 30-day time limit for unfair dismissals
- 90 days for other disputes
Conciliation Scheduling
- CCMA sets conciliation date
- Usually within 30 days of referral
- Both parties receive notice
Conciliation Meeting
- Facilitated negotiation attempt
- CCMA commissioner assists parties
- Settlement discussions
Certificate of Outcome
- Settlement agreement if resolved
- Certificate to arbitrate if unresolved
- 90-day window to request arbitration
Arbitration Hearing
- Formal hearing before commissioner
- Evidence and witness testimony
- Legal representation permitted
Award
- Written decision by commissioner
- Binding on both parties
- Enforcement through Labour Court if needed
Labour Law Questions
What Employers & Employees Ask Us
Labour law affects every employment relationship. Here are answers to common questions.
You must refer an unfair dismissal dispute to the CCMA within 30 days of the dismissal date. This time limit is strictly enforced, though the CCMA has discretion to condone late referrals in exceptional circumstances where good cause is shown. Don’t delay—seek legal advice immediately after dismissal.
Generally, no. The Labour Relations Act requires employers to follow a fair procedure before dismissing an employee for misconduct or poor performance. This usually involves a disciplinary enquiry where the employee can state their case. Summary dismissal without a hearing will typically be procedurally unfair, except in cases of serious misconduct where the employee refuses to attend a hearing.
Substantive fairness relates to whether there was a fair reason for the dismissal (e.g., did the employee actually commit misconduct?). Procedural fairness relates to whether a fair process was followed (e.g., was there a proper hearing?). Both are required. Even if an employee is guilty of misconduct, dismissal will be unfair if proper procedures weren’t followed.
The CCMA can order reinstatement (getting your job back) or compensation of up to 12 months’ remuneration. The amount depends on factors including circumstances of dismissal, employee’s length of service, prospects of finding alternative employment, and financial loss suffered. In automatically unfair dismissal cases, compensation can be up to 24 months’ remuneration.
Legal representation is not mandatory at the CCMA, but it is permitted and often advisable, especially for arbitration hearings. Employers and employees are allowed to represent themselves, but having an experienced labour lawyer can significantly improve your prospects of success, particularly in complex matters or where substantial compensation is at stake.
No. Section 189 of the Labour Relations Act requires employers contemplating retrenchments to consult with affected employees or their representatives. The consultation must be meaningful, and employers must consider alternatives to retrenchment. Failure to follow proper Section 189 procedures can render retrenchments unfair.
Expert Labour Law Guidance
Fighting for Employee Rights & Fair Treatment
Every employee has the right to fair labour practices, including protection against unfair dismissal, discrimination, and unsafe working conditions. If your employer has violated your rights, we provide the expertise and advocacy you need to challenge unfair treatment.
Whether you’ve been unfairly dismissed, subjected to discrimination, or denied benefits you’re owed, our team will fight to enforce your rights and secure appropriate remedies.
- Experienced CCMA and Bargaining Council representation
- Strategic advice on procedural and substantive fairness requirements
- Both employer and employee perspective for balanced, effective advocacy
- Swift response to urgent labour matters and deadlines
- Cost-effective solutions focused on achieving practical outcomes
Related Legal Services
Comprehensive Legal Solutions
From commercial transactions to courtroom litigation, estate planning to regulatory compliance, Reddy Inc. offers integrated legal services across multiple disciplines. Discover how our expertise can support your broader legal needs.
Commercial Law Services
Contract drafting, business disputes & compliance. Expert representation for SMEs and corporations across South Africa.
Insurance Law Specialists
Short & long-term insurance claims. Policy disputes, insurer representation. Resolving insurance matters efficiently.Third Party Claims
Motor vehicle accidents, RAF claims & liability disputes. Recover damages, medical costs & loss of income. Expert advocacy.Administrative Law Services
Judicial review, PAJA applications & constitutional litigation. Challenging unlawful government decisions across SA.Insolvency Services
Liquidations, sequestrations & business rescue. Creditor and debtor representation. Navigating financial distress strategically.Estate Administration
Deceased estates, wills, executor services & estate planning. Professional, compassionate guidance through complex processes.
Debt Collection Services
Efficient debt recovery, foreclosures & asset-based recoveries. From demand letters to judgment enforcement nationwide.
Compliance Services
POPI Act compliance, industry regulations & corporate governance. Navigate South Africa's regulatory environment confidently.Family Law Specialists
Divorce, child custody, maintenance & parental rights. Compassionate yet strategic representation for family matters.Civil Litigation Services
High Court & Magistrates Court representation. Commercial disputes, contract claims & civil matters across South Africa.General Litigation
Comprehensive litigation across all dispute types. Experienced court representation in commercial, civil & contractual matters.
