LVG Labour Law Consultants

LVG Labour Law Consultants We provide specialised advice and services related to labour law, employment practices and human resources management.

21/05/2026

A fair reason for dismissal due to misconduct requires an employee to have broken a valid and known workplace rule, which the employer must have consistently applied. The dismissal must also be substantively fair, meaning it is an appropriate sanction given the seriousness of the offence, record, and the circumstances. A fair process including investigation, notice, representation and an opportunity to respond, must also be followed.

14/05/2026

Section 189(1) provides that before retrenching, employers must consult any person whom the employer is required to consult in terms of a collective agreement.

At LVG, we provide labour advices, including representation at the CCMA for both the employers and employees on disputes referred by either party. We will advice on how to handle retrenchment process to avoid legal risks, including providing possible appropriate measures to avoid the dismissals.

14/05/2026

Retrenchment Notice:
Before taking a decision to retrench, the employer must give reasonable notice of the need for the proposed retrenchment to the workers concerned, or to their representative trade union(whether or not the union is formally recognized), provided it is registered. If no registered union is involved, the employer must give notice to any other body representing the interests of the affected employees, including worker's committee or similar body.

As we celebrate Workers Day today, trade unions need to be reminded that their main responsibility is to protect the wor...
01/05/2026

As we celebrate Workers Day today, trade unions need to be reminded that their main responsibility is to protect the working class from victimization at the workplace. There is also a big challenge about the social decline of income to workers. The issue of minimum wage still remain a fundamental problem to many, including domestic workers.

24/04/2026

Remedies for unfair dismissal:

Order the employer to reinstate the employee, order the employer to re-employ the employee, either in the work in which the employee was employed before the dismissal or in other reasonably suitable work on any terms and from any date not earlier than the date of dismissal, or order the employer to pay compensation to the employee.

24/04/2026

A person is innocent until proven guilty. The only exception to this rule is in cases of unfair dismissal. The employee must prove that he has been dismissed, while the onus rests on the employer to prove that the dismissal was unreasonable.

The above rule means that any charge must be proven with evidence which must be collected and presented. In cases where the evidence presented by both parties are balanced, the Presiding Officer or Commissioner has a duty to give the employee the benefit of the doubt, since the employer has been unable to fulfill their responsibility in presenting supporting evidence regarding the charge.

In a criminal court, a case must be proven beyond reasonable doubt. Where a degree of uncertainty exists, a finding of not guilty should be delivered. During a disciplinary hearing, a finding is made on the balance of probabilities. The judgement is reached on a balance of most probable truth of what really happened.

We consult, educate on legal risks and compliance, and give labour law advice.
21/04/2026

We consult, educate on legal risks and compliance, and give labour law advice.

29/11/2025

Pension rights may be difficult to enforce under labour legislation. Beneficiaries of pension schemes have usually ceases to be employees, and pension funds are often handled by organizations independent of the employer.

Disputes between pension funds and their members do not fall within the jurisdiction of the Labour Court, the CCMA, or bargaining councils unless, perhaps, the employer has direct influence on the fund.

Duties of employees:The main contractual obligation of the employees is to place their personal services at their employ...
05/11/2025

Duties of employees:
The main contractual obligation of the employees is to place their personal services at their employer's disposal. Tender of service is a prerequisite to the employee's right to claim wages.

Under both the common law and statute, employees who do not tender service are not entitled to wages, irrespective of the reason for their non - tender.

Section 67(4)of LRA provides that employers may not dismiss employees for taking part in a protected strike or for any c...
27/10/2025

Section 67(4)of LRA provides that employers may not dismiss employees for taking part in a protected strike or for any conduct in contemplation or furtherance of a protected strike. To do so. constitute "automatically unfair dismissal". There are two qualifications to the prohibition against dismissing protected strikers;(a) misconduct during the strike or(b) for a reason based on the employer's operational requirements.

Address

27 Kellner Street
Bloemfontein
9301

Telephone

+27657032907

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