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Breach of employment contract by employer

Breach of employment contract by employer

Breach of employment contract by employer

 

Breach of employment contract by employer in South Africa

 

An employer in South Africa can breach an employment contract in several ways. Here’s a breakdown of some common scenarios:

 

 

Breaches Related to Terms of Employment

 

  • ✅ Unfair Dismissal: This is a major concern. The Labour Relations Act (LRA) outlines fair reasons for dismissal (misconduct, incapacity, operational requirements) and a fair dismissal procedure (investigations, hearings, right to appeal). Firing an employee without following this procedure or for an unfair reason can be a breach of contract.

 

  • ✅ Non-payment of Wages: The Basic Conditions of Employment Act (BCEA) guarantees employees a minimum wage and timely payment of salaries. An employer withholding wages or paying below the minimum can be in breach.

 

  • ✅ Breach of Contractual Benefits: If the employment contract includes benefits like health insurance, bonuses, or paid leave, and the employer fails to provide them, it’s a breach.

 

  • ✅ Unilateral Changes to Employment Contract: Changing an employee’s job description, salary, working hours, or other terms of employment without the employee’s consent might be a breach, especially if the contract doesn’t allow for such changes.

 

 

Breaches Related to Work Environment

 

  • ✅ Unsafe Working Conditions: The Occupational Health and Safety Act (OHSA) requires employers to provide a safe work environment. Failing to do so and exposing employees to unnecessary risks can be a breach.

 

  • ✅ Harassment or Discrimination: The Employment Equity Act (EEA) prohibits unfair discrimination and harassment in the workplace. An employer creating a hostile work environment or discriminating against an employee can be in breach.

 

 

What can an Employee Do in Case of Breach?

 

  • ☑️ Consult the Contract: Review the employment contract to identify the specific terms that may have been breached.

 

  • ☑️ Gather Evidence: Document any evidence of the breach, such as emails, payslips, or witness accounts.

 

  • ☑️ Attempt to Resolve Amicably: Discuss the issue with your employer and try to reach an amicable solution.

 

  • ☑️ Consider Negotiation or Mediation: Mediation services can help resolve disputes without going to court.

 

  • ☑️ Contact the Department of Labour (DOL): The DOL can offer advice and assist with conciliation processes.

 

  • ☑️ Approach the Commission for Conciliation, Mediation and Arbitration (CCMA): The CCMA can provide formal dispute resolution through conciliation (finding a solution) or arbitration (binding decision).

 

 

Remember

 

  • 📌 Time Limits: There are time limits for filing complaints with the CCMA.

 

  • 📌 Legal Advice: Consulting a lawyer specializing in Labour Law is recommended for complex cases or navigating the legal process.

 

By understanding the potential breaches of employment contracts and the available remedies, employees in South Africa can protect their rights and seek compensation or fair treatment in case of violations by their employers.