South African labour law, in plain English.
The terms that come up most often when employers deal with discipline, dismissal and the CCMA.
LRA (Labour Relations Act)
The principal South African statute governing the employment relationship, dismissals, unfair labour practices, collective bargaining and the CCMA.
BCEA (Basic Conditions of Employment Act)
Sets the minimum terms of employment — working hours, leave, notice and the written particulars every worker is entitled to.
CCMA
The Commission for Conciliation, Mediation and Arbitration — South Africa's statutory body for resolving workplace disputes through conciliation and arbitration.
Bargaining council
A sector or industry body that, for employers and employees in its scope, performs a dispute-resolution role similar to the CCMA.
Schedule 8 (Code of Good Practice: Dismissal)
The LRA code that guides fair dismissal for misconduct, incapacity and operational requirements — the benchmark a hearing is measured against.
Substantive fairness
Whether there was a fair, valid reason for the action — for example, that the misconduct actually occurred and warranted the sanction.
Procedural fairness
Whether a fair process was followed — proper notice, a chance to be heard, an impartial decision. A dismissal can be unfair on process alone.
Conciliation
An informal, without-prejudice attempt to settle a dispute at the CCMA or a bargaining council before it proceeds to arbitration.
Arbitration
A formal CCMA or council hearing where evidence is led and the commissioner issues a binding award.
Award
The binding outcome of an arbitration. It can order compensation or reinstatement, and is reviewable by the Labour Court only on narrow grounds.
Unfair dismissal
A dismissal that is not substantively and/or procedurally fair — the most common dispute referred to the CCMA.
Retrenchment (section 189)
Dismissal for operational requirements. Requires a genuine commercial reason, meaningful consultation and fair, objective selection.
Incapacity
Inability to perform — through ill health, injury or poor performance — handled through a fair, supportive process rather than discipline. Fault is not the issue.
Condonation
Permission to proceed with a referral lodged outside the time limit (generally 30 days for dismissal disputes). It is not granted automatically.