📘 Employee Rights Guide







📘 Employee Rights Guide


Your Step‑by‑Step Companion for Workplace Hearings, Grievances, Leave, and CCMA

1. Disciplinary Hearings

What you need to know:

  • You must get at least 48 hours written notice before the hearing.

  • You can bring a union representative or fellow employee to assist you.

  • You have the right to see all evidence before the hearing.

  • The hearing must be run by someone neutral (not directly involved).

  • You must receive a written outcome after the hearing.

Checklist for preparation:

  • Read the charge sheet carefully.

  • Collect documents or emails that support your case.

  • Write down questions you want to ask.

  • Ask witnesses if they are willing to attend.

2. Charge Sheet – What It Should Look Like

  • Clear description of the incident.

  • Date, time, and place of the alleged misconduct.

  • The company rule or policy you are accused of breaking.

  • Avoid vague wording like “bad behaviour.”

Example: “On 10 May 2026, you failed to follow safety protocol as per Policy XYZ.”

3. Grievance Procedure

Steps to follow:

  1. Write a grievance to your supervisor.

  2. If not resolved in 5 days, send it to HR.

  3. If still unresolved, escalate to senior management.

  4. Request a formal grievance hearing.

Tip: Always keep copies of your letters and emails.

4. Leave & Family Rights (Basic Conditions of Employment Act)

  • Annual leave: 21 consecutive days per year.

  • Sick leave: 30 days in a 36‑month cycle.

  • Maternity leave: 4 months unpaid (apply for UIF benefits).

  • Paternity/Parental leave: 10 consecutive days.

  • Family responsibility leave: 3 days per cycle (birth, illness, death of close family).

5. CCMA Pathway

When to go to CCMA:

  • If you are dismissed unfairly.

  • If you face unfair labour practices.

Steps:

  1. Referral: Complete CCMA Form 7.11 within 30 days.

  2. Conciliation: Informal meeting to try settle the matter.

  3. Arbitration: Formal hearing where a commissioner makes a binding decision.

Documents to bring:

  • Employment contract.

  • Payslips.

  • Warning letters.

  • Hearing minutes.

  • Witness statements.

If you miss the deadline, Apply for condonation (explain why you were late).

6. Mediation vs Arbitration

  • Mediation/Conciliation: Voluntary, non‑binding, aims for settlement.

  • Arbitration: Formal, binding decision by CCMA commissioner.

7. FAQs

  • What if I’m denied representation? → Raise procedural unfairness.

  • What if I miss the 30‑day referral deadline? → Apply for condonation.

  • Can I appeal a CCMA award? → Yes, through the Labour Court.

Leslie

👉 Download my Compliance Checklist adapted for South African realities on my Ko‑fi store: ko-fi.com/workplacewarrior
















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