Section 185 of the LRA gives every employee the right not to be subjected to an unfair labour practice. This covers unfair treatment short of dismissal.
An unfair labour practice is defined in Section 186(2) of the LRA as any unfair act or omission by an employer relating to: promotion, demotion, probation, training, or suspension, as well as failure to reinstate or re-employ.
For unfair labour practice disputes, you have 90 days from the date of the act or omission to refer to the CCMA.
Disputes about non-payment of salary or benefits may also be referred as Unfair Labour Practices or under the BCEA — we advise the correct route.
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