Labour Law
Unfair Labour Practice
An unfair labour practice is any unfair conduct by an employer relating to promotion, demotion, training, benefits, or suspension that is not a dismissal.
Legal Definition
Section 186(2) of the Labour Relations Act 66 of 1995 defines unfair labour practices as unfair conduct relating to: promotion, demotion, probation (other than dismissal), training, or benefits; or subjecting an employee to a detriment for exercising their rights.
📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995 s186(2)
Practical Example
You are passed over for promotion repeatedly because you joined a union. This is an unfair labour practice — you can refer to the CCMA within 90 days.
Frequently Asked Questions
Does an unfair labour practice have to involve money?
No. It can relate to non-financial benefits, training opportunities, or treatment that disadvantages you without dismissing you.
What remedy can I get for an unfair labour practice?
The CCMA can order the employer to remedy the unfair practice — e.g., grant the promotion, restore the benefit, or award compensation.
Is workplace bullying an unfair labour practice?
It may overlap with psychological harassment which is covered under the BCEA and Code of Good Practice. Refer to the CCMA or pursue an internal grievance.
Related Terms
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