Labour Lawyers South Africa
SNA Attorneys
Unfair Labour Practises
ACTION AGAINST EMPLOYER WHILST STILL EMPLOYED
Section 186 of the Labour Relations Act 66 of 1995 defines an unfair labour practise as “Any unfair act or omission that arises between an employer and an employee involving—
(a) Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee;
(b) The unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee;
(c) A failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and
(d) An occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.
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