Company Constancy

Employees have a duty to put their company’s interests first.

- Ivan Israelstam

South African labour legislation gives employees a plethora of rights against employers, so much so that many employers wonder whether the resultant burden on them makes it worth continuing to run the business.

For example, employees have, among others, the right to:

• Join trade unions

• Go on strike

• Procedural fairness at disciplinary hearings

• A fair reason for dismissal

• Protection from unfair demotions

• Be promoted under certain circumstances

• Minimum wages in many cases

• Sick leave, holiday leave, maternity leave and compassionate leave

• Overtime pay

• Consistent treatment

• Protection from unfair discrimination

• Representation at CCMA by a trade union representative

On the other hand, labour legislation gives employers few rights, and those that they do have are restricted. Employers may exercise limited rights as long as, in doing so, they do not infringe the rights given to employees.