Labour Relations Act compliance, made simple

Discipline and fair dismissal

A business should be able to show that it can answer yes to these: Do you have a written disciplinary code and procedure that employees know about and that suits the size of your business? Do you use informal correction, such as counselling or a warning, for minor problems, and keep formal steps for serious or repeated ones? Before disciplining or dismissing for misconduct, do you investigate, tell the employee what they are accused of, and give them a chance to respond, with a representative where your procedure allows it? Do you give the employee the decision and reasons in writing, and tell them how they can challenge it? When an employee's performance is below standard, do you set clear expectations, give them guidance or training, and a reasonable opportunity to improve before dismissing? For incapacity (ill health, injury or incompatibility), do you investigate, consider alternatives to dismissal, and consult the employee first? If you use probation, is its purpose and the assessment criteria (including suitability for the job) explained to the employee at the start? Do you keep a record of every disciplinary warning, hearing and outcome?

Dismissals that are automatically unfair, and unfair labour practices

A business should be able to show that it can answer yes to these: Do you make sure nobody is dismissed, or treated worse, because of the reasons the Act treats as automatically unfair (for example exercising a right under the Act, pregnancy, union membership, unfair discrimination, or making a protected disclosure)? Are decisions on promotion, demotion, probation, training, benefits, suspension and discipline short of dismissal made fairly and for recorded reasons? If you suspend an employee, do you do it only where it is justified, and for as short a time as the matter needs?

Retrenchment (operational requirements)

A business should be able to show that it can answer yes to these: Before retrenching, do you look at alternatives to dismissal and have a genuine operational reason (economic, technological, structural or similar)? Do you consult the employees affected (and their union, if any) and give them written notice of the possible dismissals and the reasons? Are selection criteria fair and objective, and do you pay at least one week's severance for each completed year of service? If you employ 50 or more people and plan a large-scale retrenchment, do you follow the extra process (a 60-day period from the s189(3) notice before notices of termination are issued)?

Fixed-term, temporary and agency workers

A business should be able to show that it can answer yes to these: If you use fixed-term contracts of more than three months, do you have a justifiable reason for the fixed term (such as limited or definite duration of the work), and is it recorded in the contract? Are fixed-term employees (beyond three months) treated no less favourably than comparable permanent employees doing the same or similar work, unless there is a justifiable reason? If you use a temporary employment service (labour broker), do you make sure placements are genuinely temporary, because after three months an employee not doing temporary service is treated as your employee? Do you check that your labour broker is compliant with the Act, since you can be jointly responsible for its failures?

Unions, collective agreements and workplace forums

A business should be able to show that it can answer yes to these: Do you respect the organisational rights of any registered, representative union at your workplace (such as access, stop-order deductions and time off for representatives)? Do you keep your collective agreements, and apply the ones that bind you, such as bargaining council agreements for your sector? If you employ more than 100 people, have you considered whether a workplace forum should be established if the union or employees ask for one? Do you handle strikes, protest action and lockouts only through the processes in the Act (for example notice and conciliation before a strike or lockout)?

Disputes and records

A business should be able to show that it can answer yes to these: Do you know that employees can refer a dismissal dispute to the CCMA or a bargaining council, and do you respond to referrals and attend conciliation? Do you make sure nobody is victimised for using their rights under the Act, including joining a union or referring a dispute?

How can I check where my business stands on LRA Self-Assessment (Labour Relations)?

Take the free self-assessment. It scores each area, lists your gaps with what to do about each one, and does not say you are compliant. You can save the result to ComplianceDesk to turn each gap into a task with an owner and a due date.

Is this guide written by a lawyer?

No. It was assembled from the public sources listed below and has not been reviewed by a lawyer. Treat it as a starting point and check the current law before relying on it.

How many controls does ComplianceDesk track for Labour Relations Act?

11, organised into 4 categories, ready to assign to an owner as soon as you activate the framework.

Can I track Labour Relations Act alongside other frameworks?

Yes — most teams activate several frameworks at once. Controls that overlap across frameworks can share the same evidence, so you don't collect the same document twice.

How long does it take to set up Labour Relations Act in ComplianceDesk?

Activating Labour Relations Act instantly seeds its full control library. Most teams assign owners and get their first controls moving within a day.