24/7 National Hotline: 0860 163 272 info@neasa.co.za












As a NEASA member, employers are guaranteed expert labour law representation in labour disputes, at the CCMA and Bargaining councils, at fixed affordable rates from our nationwide team of attorneys.

Read More

As a NEASA member, you have access to:

  • Disciplinary hearings
  • Retrenchment consultation
  • Conciliations
  • Incapacities
  • Arbitrations
  • Compliance disputes

Disciplinary procedures, Dismissals, Disciplinary actions, and Poor Work Performance click here.

Contact us if you need Labour Law Representation or if you require our Collective Bargaining services. Additionally, we also provide Training in regions nationwide.


Additional to the previously mentioned Labour Law Representation services, NEASA also provides Collective Bargaining Services. In fact, we negotiate on your behalf at sectoral and national level. NEASA is a major and experienced role player in the collective bargaining arena.

Read More

We always strive to achieve the best possible outcome for employers. NEASA is intensely involved in collective bargaining processes and currently have seats on the following bargaining councils:

  • Metal and Engineering Industries Bargaining Council (MEIBC)
  • Motor Industry Bargaining Council (MIBCO)
  • National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

NEASA’s collective bargaining services are unmatched. In fact, we have the largest footprint within the collective bargaining landscape in South Africa. Within this environment NEASA passionately argues for a new dispensation, which is more employer friendly, and which will consequently result in the desperately needed economic growth in South Africa.


We provide training on all aspects of labour law to prepare employers for any situation in the Industrial relations landscape. Our training workshops include:

• Contracts of employment
• Discipline in the Workplace

Read More
  • Fixed-term Atypical Employment
  • Preparing for Disciplinary Enquiries
  • Leading and Challenging of Evidence
  • Trade Unions and Shop Stewards
  • Unfair Labour Practices
  • Incapacity
  • Retrenchment

For more information on the Retrenchment process and procedures,click here.

Contact us if you have any inquiries regarding our Labour Law Representation and Collective Bargaining Services, or the different types of training provided in your region.

Thank you Grant for your outstanding service and guidance before during and after appearing at the CCMA Arbitration matter.

Altyd lekker om saam met Pieter te werk – Vriendelik, aangenaam en professioneel.

Kyra Brown really has what it takes, she debates/proves facts. She is a good defence.

Thank you Grant for your outstanding service and guidance before during and after appearing at the CCMA Arbitration matter.

Altyd lekker om saam met Pieter te werk – Vriendelik, aangenaam en professioneel.

Kyra Brown really has what it takes, she debates/proves facts. She is a good defence.

NEASA’s legal team

provides expert Industrial Relations services in respect of:

  • Disciplinary inquiries
  • Retrenchments
  • Poor work performance
  • Medical incapacity
  • Grievances
  • Union Negotiations
Read More

NEASA Membership will provide you access to:

  • A comprehensive Industrial Relations Services Resource library
  • A 24/7 National Hotline for all your labour-related legal queries

We will provide guidance to ensure that you comply with all the requirements of the Labour Law in South Africa. Contact us to experience the benefit of using our Industrial Relations Services.


A disciplinary inquiry is a requirement for a fair dismissal and is often fraught with technicalities. NEASA provides experienced and knowledgeable chairpersons to its members to ensure a fair, equitable and legally sound process. CLICK HERE to read more about Disciplinary inquiries and procedures.

Read More

Retrenchments entail dismissals related to the operational needs of the employer e.g. due to the financial needs of the employer. NEASA provides assistance with all required documentation and consultations during the process of retrenchment.

CLICK HERE to read more about retrenchments

Poor Work Performance

Poor work performance is an incapacity dismissal which relates to the inherent ability of an employee to perform his allocated tasks. NEASA assists its members to ensure that this process is conducted in an appropriate manner as required by prevailing legislation. CLICK HERE to read more about poor work performance.

Medical Incapacity

Medical incapacity refers to a dismissal due to the inability of an employee to continue with his duties as a result of a medical condition or injury. NEASA guides and actively assists members in this process.


Negotiations with trade unions at plant level can often be a stressful and daunting prospect for employers. NEASA assists and represents its members at any plant level union negotiations including representation in disputes that may arise out of such negotiations.

Read More

Collective Bargaining

NEASA is one of the most prominent role players in the collective bargaining arena. NEASA is a party to the Metal and Engineering Industry Bargaining Council, Motor Industry Bargaining Council and the National Bargaining Council for the Road Freight and Logistics Industry. NEASA represents the interests of its members at a national level in all these sectors.

Representation at Conciliation/Arbitration

As a registered employers’ organisation, NEASA has an automatic right of appearance on behalf of its members at the CCMA and bargaining councils. NEASA provides expert representation for its members at conciliations, arbitrations and all related processes.

A comprehensive Industrial Relations Services Resource library
A 24/7 National Hotline for all your labour-related legal queries


Click here to contact us


Having Labour Law representation at your disposal is critical for several reasons, including:

  • Avoiding prejudice to the employer by being represented by a legal professional with the necessary experience and legal knowledge;
  • Navigating complex legal issues;
  • Assistance with the technical legal processes.

NEASA is dedicated to providing fair and professional labour law representation to ensure that our members have the best possible outcome in any labour related situation. For more information on Dismissals, Poor Work Performance, Disciplinary Procedures and Disciplinary Action, click here.

When should I get Labour Law Representation?

Labour law representation may not always be allowed depending on the disciplinary code of the company. However, there are certain factors that needs to be considered when labour law representation should be present. For example, the:

  • Nature of the charges brought.
  • Degree of legal complexity involved in the hearing.
  • Severity of consequences should there be a negative outcome.
  • Level of prejudice involved in terms of representation.

Depending on the above factors, labour law representation may be considered. If you have any queries or require representation, please contact us and become a member.

What is Collective Bargaining?

Collective bargaining is a key means by which employers, through their employer’s organisations, and employees, through their trade unions, can establish wages and working conditions for their respective industries.

Typical issues on the collective bargaining agenda include wages, working time, training, occupational health and safety and equal treatment. The objective of these negotiations is to arrive at a collective agreement that regulates the terms and conditions of employment for a specific sector, ensuring harmonious and productive industries and workplaces. However, mediation, arbitration, strike and lock-out actions are sometimes part of the collective bargaining process.

If you are in need of collective bargaining services, please contact us and become a member. We have professionals ready to assist and represent you.

Levels of Collective Bargaining

There are different levels at which collective bargaining processes can take place. For example:

Centralised bargaining level

Centralised collective bargaining is when employers in a sector meet and negotiate with one or more unions representing the employees of those employers. However, this can also occur at at the national or regional level of a company. Otherwise this meeting can be at the level of a group of companies. Finally, Bargaining councils make and enforce collective agreements, solve labour disputes, and propose labour policies and laws.

Company level

Negotiations can occur inside the company. This is called company level collective bargaining. A shop steward is elected which then represents the union and employees of the company. The shop steward then negotiates with the management of the company.

Plant level

Plant level refers to negotiations at a single plant of an organisation. This is when negotiations happen at a single workplace.

Sectoral determination

Sectoral determinations refers to collective bargaining for a whole industry sector. These are set by the minister of labour. Negotiations here focus on sector-specific needs. For example, this can include the setting of minimum wages and regulation of work hours in vulnerable sectors, especially where working circumstances can be difficult.


Establishment of Labour Law

The Labour Law in South Africa as we know it today changed considerably over the years. Before 1995, most labour relations were based on contracts. This meant that an employee could be dismissed solely on terms written in an employment contract. Thus, an employee could be dismissed for any reason set out by an employer.

Furthermore, The Native Labour Regulations Act 1911 prohibited strikes and had multiple other regulations like wage ceilings and pass systems. Chinese labourers were often brought into the country and were used to undercut the wages of other workers. Major strikes took place in 1907, 1913, 1914 and 1922 which lead to the development of Labour Laws and Regulations.

From 1979 to 1995, a number of critical developments occurred in the field of labour law in South Africa. As a result, radical changes were made including the establishment of an Industrial Court. The Industrial Court was given extensive powers to create and change labour laws. However, the Industrial Court still had the status of a High Court. Therefore the Industrial Court was not accessible to all labourers. In 1995, much of the labour law developed by the Commission and the Industrial Court was put together in the Labour Relations Act 1995 (LRA).

Labour Relations Act & Employment Equity Act

With the establishment of Labour Law, an employee may now only be dismissed for misconduct, operational reasons and incapacity. The Labour Relations Act 1995 is a pivotal piece of labour law, as it ensures that labour disputes are resolved quickly and efficiently.

The Labour Relations Act 1995 also regulated the issues of fairness during employment and in terms of termination. Later, in 1998, most of the law with regards to unfair treatment based on discrimination was removed from the Labour Relations Act 1995 and added to the Employment Equity Act (EEA). Therefore, the EEA deals with fairness in the workplace in relation to discrimination.

CCMA & Bargaining Councils

Before 1995, labourers still faced accessibility issues in terms of assistance with Labour Law matters. However, in 1995 these accessibility issues faced by labourers were also corrected. This was due to the introduction of the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA aims to conciliate between employers and employees. However, if it is unsuccessful in this, the matter moves to arbitration. Additionally, the entire process is very informal, and at no charge. Therefore, labourers has easy access to professional assistance with matters concerning labour law.

In addition, 1995 saw the establishment of bargaining councils. As a result, this allowed open communication across industries. A bargaining council is a body established by one or more employers’ organisations and one or more trade unions. Also, it must be registered under the Labour Relations Act for a particular industry. Generally, the aim of a bargaining council is to maintain labour peace in the sector.

Labour Law Provisions

The Constitution contains several provisions for employment and labour law. For example:
• The right to equality
• Protection of dignity
• Protection against servitude, forced labour and discrimination
• The right to pursue a livelihood
• Protection for children against exploitative labour practices and work that is detrimental to their well-being.

Specifically with regards to labour law, section 23 of the Constitution deals with labour relations. It states that everyone has the right to fair labour practices.
Every employee has the right to:
• form and join a trade union;
• participate in the activities and programmes of a trade union
• strike

Every employer, meanwhile, has the right to:
• Form and join an employers’ organisation; and
• Participate in the activities and programmes of an employers’ organisation.

Every trade union and every employers’ organisation has the right to:
• to determine its own administration, programmes and activities
• to organise
• to form and join a federation

Finally, every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

Collective Labour Law

There is and always will be a power play between employers and employees. This power play is monitored and regulated through collective labour law. The basic rights and duties of Employees and Employers are stipulated in the Labour Relations Act as mentioned above. However, when new terms and conditions have to be created in the industry or workplace, there are no legislation to regulate these new terms and conditions. Therefore, these changes must first and foremost be decided on by the applicable parties that will be affected by these changes. For example, annual increase rates for employees, or whether employees should be permitted to take Friday afternoons off. It is often impossible to regulate matters of mutual interests like these. Therefore, Collective Bargaining is used to achieve a consensus between the different parties on such new terms and conditions. Thus, Collective Bargaining forms an important part of Labour Law.

As expected, Collective Bargaining also has to be regulated. Thus, the Labour Relations Act provides basic rules in order to protect both parties and to achieve agreements in a safe and effective manner.

Trade Unions and Employers Organisations

A trade union is an association of employees with the main purpose of regulating relations between employees and employers/employers’ organisations. On the other hand, an employer organisation is any number of employers associated together for the purpose, regulating relations between employers and employees/trade unions.

The Labour Relations Act regulates the registration of these trade unions and employers’ organisations. Additionally, it also regulates organisational rights, strikes and lock-outs. The Labour Relations Act provides the right to freedom of association.

As mentioned previously, Trade Unions and Employers Organisations continuously participate in a power play for more benefits. Employees create pressure on the employer through strike actions, while the employer creates pressure on the employees by means of a lock-out. However, it is important to follow the processes set out by the Labour Law. Unlawful strikes and lock-outs could result in major losses to both parties.

Freedom of association

Freedom of association, is one of the basic principles of labour law. This can be seen in the Labour Relations Act and in the Constitution. Freedom of association is based on basic human needs for society and community in a freely chosen enterprise. Thus, to protect individuals from the vulnerability of isolation and to ensure that people benefit from participating in a society. In short, people have the right to associate with others in order to defend and protect their common interests. In conclusion, people have both an individual and a collective human right.



4 + 2 =




24/7 National Hotline: 086 016 3272