Article 10/2024

What are the options available to an employee when an employer allegedly owes such employee monies in terms of a contract of employment?

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Scenario 1:  earning above the threshold

  • The current threshold in terms of s6(3) of the BCEA is R241 110.59 per annum.
  • If an employee wishes to resolve a dispute and earns above the said threshold, the employee has the following options available to him/her:
    • labour court
    • high court
    • magistrate’s court
    • small claims court – kindly take note that the small claims court has not geared itself to deal with these types of disputes

Scenario 2: earning below the threshold

  • In this regard, the threshold path is compulsory con-arb.
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In assessing if reinstatement is fitting after CCMA deems dismissal in a fixed-term contract unfair, what factors guide this determination?

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Is a binding agreement between a retrenching employer and the alternative employer required for the above section to be applicable and what role does the retrenching employer have to play in arranging alternative employment for such section to be applicable?

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An accountant at a municipality faced dismissal for attempting to access the account. Reinstated after appealing to the bargaining council, new charges of dishonesty and IT policy breach led to another dismissal.