About this module
Labour Law teaches the law that governs work: who counts as an employee, the minimum conditions of employment, when a dismissal is fair, unfair labour practices, discrimination at work, trade unions and collective bargaining, and strikes and lock-outs. It also explains where labour disputes go: the CCMA, bargaining councils, the Labour Court and the Labour Appeal Court. Educational tool, not legal advice. All law is South African.
Level: usually third or fourth year (LLB). Prior knowledge: Module 3 (Law of Contract) and Module 6 (Constitutional Law), especially the equality clause and s 23 (labour relations). Module 16 (Administrative Law) helps with review of arbitration awards.
How this guide teaches. Each chapter starts with a problem, gives the big picture, teaches the rules with case boxes (the legal issue, what the court held, and why it matters), lists common mistakes, sums up in short, and ends with practice questions, flashcards and a quiz. Cases are taught by the legal issue they decide, not by their facts.
Common cases and how they are checked
| Chapter | Case | Legal issue | Status (28 October 2026) |
|---|---|---|---|
| LL2 The employment relationship | State Information Technology Agency v CCMA [2008] ZALAC 1; [2008] 7 BLLR 611 (LAC) | How does a court decide who is an employee? | Read on SAFLII |
| LL2 The employment relationship | Assign Services v NUMSA [2018] ZACC 22; 2018 (5) SA 323 (CC) | Who is the employer of a placed worker after the s 198A deeming provision applies? | Read on SAFLII |
| LL4 Unfair dismissal | Equity Aviation Services v CCMA [2008] ZACC 16; 2009 (1) SA 390 (CC) | What does reinstatement mean, and how far back can it go? | Read on SAFLII |
| LL5 Misconduct | Sidumo v Rustenburg Platinum Mines Ltd [2007] ZACC 22; 2008 (2) SA 24 (CC) | Must a commissioner defer to the employer's choice of sanction, and how are awards reviewed? | SAFLII page unavailable on 28 October 2026; stated from a law journal summary and standard sources |
| LL7 Operational requirements | NUMSA v Aveng Trident Steel [2020] ZACC 23; (2021) 42 ILJ 67 (CC) | When is dismissal after refusing changes to terms automatically unfair? | Read on SAFLII |
| LL9 Employment equity | SAPS v Solidarity obo Barnard [2014] ZACC 23; 2014 (6) SA 123 (CC) | How are affirmative action measures and their implementation tested? | Read on SAFLII |
| LL10 Collective labour law | NUMSA v Bader Bop [2002] ZACC 30; 2003 (3) SA 513 (CC) | May a minority union strike for organisational rights? | Read on SAFLII |
| LL11 Strikes | SATAWU v Garvas [2012] ZACC 13; 2013 (1) SA 83 (CC) | Is it constitutional to hold organisers liable for riot damage during a gathering? | Read on SAFLII |
Module blueprint
| Chapter | Question it answers | Outcome |
|---|---|---|
| LL1 Sources and institutions | Where does labour law come from, and where do disputes go? | LLL1 |
| LL2 The employment relationship | Who is an employee, and who is the employer? | LLL2 |
| LL3 Basic conditions of employment | What minimum terms does the BCEA guarantee? | LLL3 |
| LL4 Unfair dismissal: the framework | What is a dismissal, and what makes it unfair? | LLL4 |
| LL5 Dismissal for misconduct | When is dismissal for misconduct fair? | LLL5 |
| LL6 Dismissal for incapacity | How are poor performance and ill health dealt with? | LLL6 |
| LL7 Dismissal for operational requirements | When may an employer retrench? | LLL7 |
| LL8 Unfair labour practices | What unfair conduct short of dismissal is prohibited? | LLL8 |
| LL9 Employment equity | When is discrimination at work unfair, and how does affirmative action work? | LLL9 |
| LL10 Collective labour law | What rights do trade unions have? | LLL10 |
| LL11 Strikes and lock-outs | When is a strike protected, and what follows if it is not? | LLL11 |
LL1: Sources and institutions
Problem. A worker is dismissed and asks whether she should sue her former employer in the magistrate's court.
The big picture. South African labour law is built on s 23 of the Constitution (fair labour practices, the right to form and join unions, to bargain collectively and to strike) and on three main statutes: the LRA (dismissals, unfair labour practices, collective bargaining, strikes), the BCEA (minimum conditions of employment) and the EEA (discrimination and affirmative action). Disputes go to specialised bodies, not the ordinary civil courts.
LL1.1 The institutions
- CCMA (Commission for Conciliation, Mediation and Arbitration): conciliates disputes and arbitrates many of them.
- Bargaining councils: perform the same dispute functions for their sectors.
- Labour Court: a court with the status of the High Court for labour matters, including automatically unfair dismissals, most retrenchment disputes, strike interdicts and reviews of arbitration awards.
- Labour Appeal Court: hears appeals from the Labour Court; further appeals lie to the Constitutional Court.
LL1.2 Other statutes
- National Minimum Wage Act 9 of 2018 (minimum wage, adjusted annually).
- Unemployment Insurance Act 63 of 2001 and Compensation for Occupational Injuries and Diseases Act 130 of 1993.
- Occupational Health and Safety Act 85 of 1993.
Back to the problem. Not for unfair dismissal. An unfair dismissal dispute must be referred to the CCMA (or a bargaining council) within 30 days of dismissal for conciliation, and then to arbitration or the Labour Court, depending on the reason for dismissal (LRA s 191). (A separate claim for breach of contract could be brought in the civil courts.)
In short. Constitution s 23; LRA, BCEA, EEA; CCMA and bargaining councils conciliate and arbitrate; Labour Court and Labour Appeal Court adjudicate.
Common mistakes
- Taking an unfair dismissal or unfair labour practice claim to the ordinary civil courts. (Contractual and other common-law claims arising from employment may still go to the High Court, and the BCEA gives the courts concurrent jurisdiction over contractual claims (s 77(3)).)
- Forgetting the 30-day time limit for referring dismissal disputes.
LL1 practice
- Which body hears appeals from the Labour Court? Answer: the Labour Appeal Court.
Flashcards
| Front | Back |
|---|---|
| Constitution s 23 | Fair labour practices; unions; collective bargaining; right to strike |
| LRA | Labour Relations Act 66 of 1995 |
| BCEA | Basic Conditions of Employment Act 75 of 1997 |
| EEA | Employment Equity Act 55 of 1998 |
| CCMA | Conciliates and arbitrates labour disputes |
| Labour Court | Status of the High Court for labour matters |
| Code of Good Practice: Dismissal | New Code in force from 4 September 2025, replacing Schedule 8 |
Quiz
- An unfair dismissal dispute is first referred to: (a) the magistrate's court (b) the CCMA or a bargaining council (c) the Labour Appeal Court. Answer: (b).