Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights. Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and participate in the activities and programs of a trade union. Therefore, the answer is yes, a domestic worker may join a trade union. However, not all organisational...

The answer is yes. Section 25 (5)(1) of the Public Holidays Act 36 of 1994 provides that ‘every employee shall be entitled to at least the number of public holidays provided for in this Act. In terms of section 18 of the Basic Conditions of Employment Act (BCEA) provides that (1) An employer may not require an employee to work on a public holiday except under an agreement. (2) If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay – (a) An employee...

The Code of Good Practice, contained in Schedule 8 of the Labour Relations Act, is a legislative guideline on the best practices to follow regarding labour procedures. The Code specifically stipulates that any disciplinary action, especially when considering dismissal, should be substantively and procedurally fair. To achieve this, progressive discipline must be applied. Progressive discipline is a reasonable measure employers must impose on employees who commit misconduct. Its main objective...

A "Probation Period" is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be extended should the employer wish to do so, alternatively waived, provided that the employer follows the poor work performance process. An "Acting Position...