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    Anon

      Please let me know what constitutes Unfair Labour Practice in South Africa…

      #722 Reply
      Anon

        Unfair labour practices in South Africa are defined and regulated primarily by the Labour Relations Act (LRA) No. 66 of 1995. Here are some common examples:

        1. Unfair Discrimination: Treating employees differently based on arbitrary grounds such as race, gender, age, disability, or religion. For instance, if a company refuses to promote a highly qualified employee solely because of their race or gender, it constitutes unfair discrimination.
        2. Unfair Suspension: Suspending an employee without a valid reason or without following due process. For example, if an employee is suspended indefinitely without any formal charges or disciplinary procedures, it is considered an unfair labour practice.
        3. Unfair Demotion: Demoting an employee without proper justification or not following the correct procedures. An example would be a manager being demoted to a junior position without any valid reason or prior warning.
        4. Unfair Dismissal: Terminating an employee without a fair reason or without following the proper procedures. For example, dismissing an employee for alleged misconduct without any investigation or disciplinary hearing.
        5. Unfair Labour Practices Relating to Benefits: Unequal treatment regarding workplace benefits. For instance, if all employees except one are given a transport allowance without any fair reason.
        6. Unfair Treatment Relating to Training: Denying training opportunities to certain employees without a valid reason. For example, if all employees are given training except for one or two, without any apparent reason.
        7. Unfair Labour Practices Relating to Promotions: Unfair conduct by the employer relating to the promotion of an employee. For example, if an employee is overlooked for promotion despite being the most qualified candidate.
        8. Constructive Dismissal: Creating a work environment so intolerable that an employee feels forced to resign. This can include harassment, significant changes to job duties, or other forms of unfair treatment.
        9. Retaliation for Exercising Legal Rights: Taking adverse actions against an employee for exercising their legal rights, such as filing a complaint or participating in union activities.

        I hope this information helps!

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