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Article 45/2025

Prior to 2018, if an employee wanted to institute action against an employer for monies owed to such employee in terms of a contract of employment, there was only one route available to such employee, namely, to institute action against the employer ito s77(3), read with s77A(e) of the BCEA. The BCEA Amendment Act of 2018 changed all of that. It also changed the alternative dispute-resolution methods to be utilised when money is owed in terms of the National Minimum Wage Act (NMWA), a sectoral determination or a collective agreement, by means of the introduction of s73A. What are the current dispute-resolution paths in the above regard?

What are the current dispute-resolution paths in the above regard?

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EMPLOYEE OR WORKER EARNING ABOVE THE THRESHOLD ito s6(3) OF THE BCEA

  • If there is a dispute about monies owed in terms of a contract of employment, the NMWA, a sectoral determination or a collective agreement, the following dispute- resolution paths are available to the employee:
    • labour court
    • high court
    • magistrate’s court
    • small claims court (currently not operative)

IF MONIES ARE OWED ITO THE NMWA, A CONTRACT OF EMPLOYMENT, SECTORAL DETERMINATION OR COLLECTIVE AGREEMENT AND THE EMPLOYEE OR WORKER EARNS BELOW THE THRESHOLD ITO S6(3) OF THE BCEA

  • The dispute-resolution path is compulsory con-arb at the CCMA.
October 19, 2026

Section 41(2) of the BCEA regulates the entitlement of an employee, dismissed for reasons based on the employer’s operational requirements, to severance pay.

In terms of s41(4) of the BCEA, an employee, who unreasonably refused to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to severance pay ito s41(2).

How does the assistance provided by the retrenching employer to a retrenched employee affect such employee’s entitlement to severance pay?

October 12, 2026

What is the short test to be applied to determine whether there is compliance with the reasonable decision-maker test?

When determining whether or not the arbitrator of the CCMA or bargaining council behaved like a reasonable decision-maker, what are the ‘questions to be asked’?

What is the test recently applied to determine whether an arbitration award should be set aside on review?

October 5, 2026

In the scenario where a group of employees, participating in a demonstration, picket, strike, etc, are participating in unlawful conduct, but a number of other employees, who are also participating in such demonstration, picket, strike, etc, are not participating in such unlawful conduct, will the employer be entitled to obtain an interdict against both groups of such employees?