Article 10/2024

LabourEdge

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.
September 2, 2025

What alternative claim(s) exist in delict to a statutory automatically unfair dismissal, a statutory constructive dismissal and a statutory unfair discrimination claim?

September 2, 2025

The scenario is as follows: in terms of a collective agreement between an employers’ organisation and various trade unions, provision is made for the accreditation of medical schemes by the relevant bargaining council, so that employees may enjoy the benefits of selecting and joining a scheme to which their employers contribute.

August 26, 2025

The labour court is afforded jurisdiction ito s77(1), read with ss77(3), of the BCEA to hear and determine any matter concerning a contract of employment, irrespective of whether a basic condition of employment constitutes a term of contract.