Human Resources/ Industrial Relations

At Pinion Human Capital, we place high value on cultivating client connections and providing a comprehensive service that caters to the unique requirements of each client. Our commitment is evident in our extensive human resources & industrial relations service offerings, which are geared towards assisting businesses in navigating employee and workplace issues.

In the dynamic landscape of today’s business environment, establishing strong bonds with your workforce and effectively overseeing your staff are vital elements for success.

Pinion Human Capital specialises in helping businesses navigate workplace challenges through expert Industrial Relations (IR) support. We handle disciplinary processes, grievance procedures, misconduct cases, poor performance enquiries, incapacity consultations, and the drafting of employment documentation such as contracts, codes of conduct and policies. Our IR experts guide clients through the complexities of labour law to ensure fair, compliant and effective outcomes.

We offer full representation at the CCMA and Bargaining Council for disputes involving unfair dismissals, wage disagreements, organisational rights, collective agreements and other labour matters. Our consultants also support businesses during union negotiations, strike management and dispute-handling processes, ensuring employers remain protected and fully informed at every stage.

  • Basic Conditions of Employment Act (BCEA) – Sets minimum terms and conditions.
  • Labour Relations Act (LRA) – Governs collective bargaining, disputes, dismissals.
  • Employment Equity Act (EEA) – Promotes equality and prohibits unfair discrimination.
  • Occupational Health and Safety Act (OHSA) – Ensures workplace health and safety.
  • Skills Development Act & Levies Act – Promotes training and development.

As of March 2026, the national minimum wage is R30,23 per hour, subject to sectoral or bargaining council agreements.

45 hours per week (9 hours/day for a 5-day week; 8 hours/day for a 6-day week).

Overtime must be voluntary and is limited to 10 hours per week, paid at 1.5x normal wage or 2x for Sundays and public holidays.

Section 6 of the Basic Conditions of Employment Act makes provision for the Minister of Labour to publish a determination on the advice of the Commission that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. Earnings” means gross pay before deductions, i.e. (before deducting) income tax, pension, medical and similar payments, but excluding similar payments (contributions) made by the employer in respect of the employee.”

The sections from which such employees are excluded are:

  • Ordinary hours of work
  • Overtime
  • Compressed working week
  • Averaging of hours of work
  • Determination of hours of work by Minister
  • Meal intervals
  • Daily and weekly rest period
  • Pay for work on Sundays
  • Night work -17(2) that deals with transport and night shift allowances
  • Public holidays – 18(3) that deals with payment for work on a public holiday that falls on a day on which the employee would ordinarily not have worked.
  • Permanent
  • Fixed-term (with conditions under BCEA and LRA)
  • Temporary or casual
  • Independent contractor (not an employee under LRA/BCEA)

No. South African labour law requires procedural and substantive fairness. A disciplinary hearing is usually required unless in exceptional cases (e.g. abscondment with proof).

  • No valid reason (e.g. poor performance, misconduct, redundancy)
  • No fair procedure followed
  • Automatically unfair reasons (e.g. pregnancy, union membership, whistleblowing)
  • Less than 6 months’ service: 1 week
  • 6–12 months’ service: 2 weeks
  • Over 1 year: 4 weeks

Unless otherwise stated in a contract or collective agreement.

Yes. Probation is typically 3 months but must be reasonable. Poor performance during probation must be addressed fairly before dismissal.

  • Annual leave: 21 consecutive days (or 15 working days) per year
  • Sick leave: 30 days in a 3-year cycle (after 6 months’ service)
  • Family responsibility leave: 3 days per year (after 4 months’ service)
  • Maternity leave: 4 consecutive months (unpaid, but UIF claimable)
  • Paternity leave: 10 days (unpaid, but UIF claimable)

Yes. Both employer and employee contribute 1% of the employee’s salary to the Unemployment Insurance Fund (UIF). The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers, but not to –

    • workers working less than 24 hours a month for an employer;
    • learners;
    • public servants;
    • foreigners working on contract;
    • workers who get a monthly State (old age) pension; or
    • workers who only earn commission.

Employees may:

    • Join trade unions
    • Participate in union activities
    • Strike under certain conditions (protected vs. unprotected)

When an employee resigns due to intolerable working conditions created by the employer, and it can be proven, it may be deemed a constructive dismissal.

Employees may refer disputes to the CCMA (Commission for Conciliation, Mediation and Arbitration) within 30 days of dismissal. Employees may also approach the CCMA for other disputes.

Employers may be represented by:

  • An official or office bearer of an employer’s organisation, or
  • An employee of the company.

Legal representation is also limited depending on the matter and parties must apply for legal representation.

Yes. A disciplinary code ensures consistency and fairness and is recommended in all workplaces.

  • A fellow employee (colleague)
  • A trade union representative (shop steward), if applicable

Yes. The BCEA requires employers to provide written particulars of employment on appointment.

No automatic right exists for legal representation. Legal representation may only be allowed if:

  • The employer’s disciplinary procedure allows it, or
  • The chairperson, using discretion, finds it appropriate due to the complexity of the case or potential prejudice.

COIDA is a South African law that provides for compensation to employees who are injured, disabled, or contract diseases arising out of and in the course of their employment.

All employees who are employed under a contract of service, apprenticeship, or learnership in South Africa are covered, except:

  • Members of the South African National Defence Force
  • Members of the South African Police Service

Yes. Every employer who employs one or more workers must register with the Compensation Fund and pay annual assessment fees.

  • Medical expenses for work-related injuries or diseases
  • Temporary total or partial disablement
  • Permanent disablement
  • Death (compensation to dependents)
  • Rehabilitation and reintegration programs
  • The injured employee reports the injury/disease to the employer immediately.
  • The employer completes a W.Cl.2 form and submits it to the Compensation Commissioner.
  • Medical reports and wage details may be required.
  • All documentation should be submitted promptly to avoid delays.

No. COIDA removes the employee’s right to sue the employer for damages. Instead, compensation is provided through the Compensation Fund.

  • Register with the Compensation Fund
  • Pay assessment fees annually
  • Report workplace injuries/diseases within 7 days
  • Keep records of all accidents and occupational diseases
  • They may face penalties, interest, or even criminal charges.
  • Employees may still claim compensation directly from the Fund.

Yes. All employees in South Africa, including foreigners with valid work permits, are protected by:

  • Basic Conditions of Employment Act (BCEA)
  • Labour Relations Act (LRA)
  • Occupational Health and Safety Act (OHSA)
  • Employment Equity Act (EEA) (with some provisions for affirmative action)

Yes. Foreign employees have the same rights as locals to:

  • Join a trade union
  • Participate in collective bargaining
  • Take part in protected strikes, subject to the same legal procedures

No. The Employment Equity Act prohibits unfair discrimination based on nationality. Equal pay for work of equal value is a principle applied in the workplace.

No. Employers are prohibited from employing foreigners without valid documentation. Doing so is an offence under the Immigration Act.

Let us help you protect your business, reduce risk, and build a compliant workforce.

  • Drafting of Code of Conduct, which includes inter alia disciplinary procedures, appeal, and grievance procedures.
  • Drafting and Implementation of Written Particulars of Employment (Employment Contracts/ Codes of Conduct and Policies.
  • Policy documents – HIV Policy, Restraint of Trade, Confidentiality and much more.
  • In-house training within the Company’s hierarchy which includes but is not limited to Code of Conduct and Policies as well as “initiator” training for representatives who must conduct disciplinary hearings.
  • Drafting updated labour related documentation particularly suited for your business requirements.
  • Handling of disciplinary proceedings/disputes/grievances.
  • Access to expert advice pertaining to day to day disciplinary and staff issues.
  • Draft disciplinary charges and notices to attend disciplinary enquiries for employees involved in misconduct.
  • Provision of an independent chairperson to conduct proceedings.
  • Internal consultations including but not limited to medical incapacity consultations, general incapacity consultations and poor work performance enquiries.
  • Assist with all forms of strike action, protected and/or unprotected action.
  • Assistance with drafting of notices in terms of section 189 of the Labour Relations Act, Act 66 of 1995 -Retrenchments.
  • Assist with consultations and/or negotiations with staff members, representatives, and trade unions etc. in respect of section 189 of the Labour Relations Act, Act 66 of 1995 relating to Retrenchments.

Dispute resolution mechanisms dealt with by GDPEO: (Our consultants are officials of an Employer’s Organisation)

  • Disputes referred to either the CCMA and/or a Bargaining Council.
  • Trade union negotiations regarding organisational rights, wages, collective and recognition agreements and all other trade union and individual employee issues.
  • Condonation & Rescission Applications.
  • Informing on latest and current labour legislation as well as any relevant changes of statutory requirements and/or legislation.

Speak to one of our experts

Pinion SA Human Capital Operations Manager | Employee Lifecycle Management, Legislative Compliance, Health & Safety, Human Resources/ Industrial Relations

Madelaine Loock

madelaine.loock@pinionza.com

+27 (0)74 547 1934

Download IR FAQ PDF

Drafting/ Implementation

Policy Documents

Training

  • Written Particulars of Employment (Employment Contracts/ Codes of Conduct and Policies)
  • Code of Conduct
  • Updated labour related documentation
  • Disciplinary charges and notices to attend disciplinary enquiries for employees involved in misconduct
  • Notices in terms of section 189 of the Labour Relations Act. Act 66 of 1995 – Requirements
  • HIV Policy
  • Restraint of Trade
  • Confidentiality
  • And much more…

In-House training within the Company’s hierarchy.

Assistance

Dispute Resolutions

Other Services

  • With all forms of strike action, protected and/or unprotected action
  • With consultations and/or negotiations with staff members, representatives, and trade unions etc. in respect of section 189 if the Labour Relations Act, Act 66 of 1995 relating to Retrenchments.
  • Disputes referred to either the CCMA and/or a Bargaining Council
  • Trade union negotiations regarding organisational rights, wages, collective and recognition agreements and all other issues.
  • Condonation & Rescission Applications
  • Informing on latest and current labour legislation as well as any relevant changes of statutory requirements and/or legislation
  • Handling of disciplinary proceedings/ disputes/ grievances
  • Access to expert advice pertaining to day-to-day disciplinary and staff issues
  • Provision of an independent chairperson to conduct proceedings
  • Internal consultations including but not limited to medical incapacity consultations, general incapacity consultations and poor work performance enquiries
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