079 695 1343 (ADMIN)
082 330 3939 (whatsapp and calls)
EMAIL: info@laboured.org.za 

Employee Relations / Industrial Relations / Labour Law Advice / Human Resources
CCMA / BC Representation, Health and Safety Compliance, and Labour law Advisory


LABOURED SOUTH AFRICA PANELIST OF: ADR-NETWORK SA

LOGIN / SUBSCRIBE TO OUR SEVICES HERE:

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Expert Services

Our Founder, Eilik Swart is an expert in Labour Law Advisory Services and a CCMA Commissioner.

Expect expert advice on all labour-related matters, ensuring compliance and best practices, keeping your company in the clear and ready for any labour related challenges.

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CCMA and BC

Professional representation at CCMA and Bargaining Council hearings to protect your business interests.

Trade Union:
Effective management and negotiation with trade unions to maintain workplace harmony.
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One Stop Assistance

Cost effective labour advice on employee discipline
Employee work performance guidance
Company restructuring support
Retrenchment procedures
UIF and COIDA registration
Company registration
Health and Safety Compliance

Our Services include the following, but are not limited to:

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Our Comprehensive Retainer Services

  • Analysis of the client's current compliance with industrial relations best practice and procedure (LABOUR AUDIT)
  • Implementation of employee relations best practice and procedures
  • Ongoing review of employee relations practice and procedures within your workplace to ensure continued compliance
  • Drafting of employment contracts, employment policies & procedures (such as disciplinary codes and leave polices), operational regulations and rules
  • Improving employee performance through Performance Management and Counselling
  • Dealing with absenteeism due to illness through Incapacity Investigations
  • Dealing with misconduct in the workplace through proper discipline management inclusive of the chairing of disciplinary inquiries
  • Assisting in the restructuring of businesses, retrenchments and changes to the terms and conditions of employment for employees
  • Dispute and Conflict Management within the workplace
  • Collective Bargaining and drafting of collective agreements
  • Trade union negotiations including recognition agreements and wage negotiations
  • Assisting with the registration of companies at Bargaining Councils and exemption applications
  • Ensuring compliance with Basic Conditions of Employment Act, Bargaining Council Main Agreements and Sectoral Determinations
  • Strike Management and Support

About the Founder

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Meet Our Founder & National Director

Ellik Willem Swart - Founder of Laboured SA

Ellik Willem Swart

National Director & Founder of Laboured SA
📧 info@laboured.org.za
📱 082 330 3939 (E W Swart)
📞 079 695 1343 (Admin/Office)

Professional Qualifications & Certifications

  • BCom Law Degree
  • Mediation Certification (ADR Network South Africa)
  • Policy Development Certification (SETA)
  • CCMA Accreditation (NQF Level 8)
  • Part-Time Commissioner - CCMA and Bargaining Councils (2014-Present)

Professional Journey & Expertise

Ellik Willem Swart is the visionary founder and National Director of Laboured SA. With a solid academic foundation in BCom Law, and further certifications in Mediation (ADR Network South Africa), Policy Development (SETA), and CCMA Accreditation (NQF Level 8), Ellik brings over a decade of hands-on legal and labour relations expertise to the forefront of the organisation.

His legal journey began in 2010 within general civil litigation, where he quickly developed a strong focus on labour law. Starting his career in general legal practice, he gained valuable knowledge in general civil litigation before specializing in labour law matters.

In 2014, he was appointed as a Part-Time Commissioner for the Commission for Conciliation, Mediation and Arbitration (CCMA) and various Bargaining Councils. Since then, he has established himself as a respected specialist in labour dispute resolution, workplace policy, and industrial relations, accumulating over 14 years of specialized experience in labour law.

Ellik's passion for workplace justice and practical legal solutions laid the foundation for Laboured SA — a platform committed to empowering employers with expert-driven labour support and compliance tools. His extensive experience as both a practicing labour law specialist and CCMA Commissioner provides unique insights into both sides of labour dispute resolution.

Laboured South Africa - Company Information

Business Type:
Sole Proprietor
Primary Location:
496 Marrianne Drive, Hibberdene, 4420, KwaZulu-Natal, SA
Secondary Office:
85 Schoeman Street, Mokopane, 0600, Limpopo, SA
Specialization:
Professional Labour Consultancy & Advisory Services to Employers
Laboured SA Membership Plans 2025
Laboured SA Logo

Laboured SA Membership Plans (2025)

Flexible digital labour law advisory memberships for South African employers. Tailored for compliance, support, and peace of mind.

COMING SOON

Basic Membership

Affordable Labour Compliance Support

R2,400 / year

  • Phone & email advisory (fair usage applies)
  • 24/7 AI Labour Law Advisor (limited)
  • Access to our industry-specific HR and IR templates (contracts, policies etc)
  • Wage calculator & weekly updates
  • 20% discount on additional services

Standard Membership

Comprehensive Labour Advisory Support

R4,800 / year

  • 4 internal online hearings per year
  • Unlimited phone & email support
  • Document drafting system
  • Legal resource library & wage tools
  • 4 criminal record verifications per year
  • 40% discount on CCMA/BC services
Select Standard
COMING SOON

Premium Membership

Advanced Labour Advisory Support

From R9,600 / year

  • 2 internal online hearings/month
  • 2 CCMA/BC online hearings/year
  • HR/legal compliance audit (annual)
  • Unlimited advisory + WhatsApp (priority)
  • Custom policies, contracts & training sessions
  • 8 criminal record verifications per year

Need On-Site, Hands-On Labour Law Support?

Ask us about our custom monthly Retainer Packages that include full representation, travel, policy drafting, union support and more.

Request Retainer Quote →
BCEA FAQ - Basic Conditions Employment Act Questions | Labour Law South Africa

BCEA Frequently Asked Questions

Basic Conditions of Employment Act - FAQ

1. Can the Employer refuse to pay an employee's salary after the employee's employment has been terminated? What can be done about an employer that just refuses to pay a due salary after the employee resigned?
Answer: No
If an employer withholds salary payments after an employee resigns, the employee can take legal action or file a complaint with the Department of Labour.
2. What can an employer deduct from an employee's salary?
Deductions must be lawful and agreed upon. Common deductions include:
  • Tax
  • Pension contributions
  • Authorized loan repayments
Other deductions, like a debt owed by the employee to the employer, may only be to a maximum of 25% of his salary per month, by agreement in writing.
3. What is notice?
Notice pay refers to the period an employee or employer must give before terminating employment. It ensures a smooth transition and allows time to find a replacement.
4. How long does the company have before they have to pay an employee after their last day worked?
  • Employers should pay employees on or before their last working day
  • The maximum allowed period after the payment has become due and owing to the employee is 7-days after the payment date
  • Delayed payments can result in penalties
5. Can an employer recover the outstanding balance of a loan that is in an employee's account?
Yes, as stated above, to the maximum of 25% per month, if the loan was previously authorized and the employee's account balance allows for it.

The BCEA is silent on the fact if the employee leaves the employment and has an outstanding amount due and owing to the employer, more than 25% of the employee's monthly salary.
Approach our offices, contact us, for assistance with issues like this.
6. Can an employer withhold a certificate of service until the employee has paid their debt?
No, withholding a certificate of service is not allowed. Employees are entitled to this document regardless of any outstanding debts.
7. What is remuneration, and how is it calculated?
Remuneration includes wages, overtime pay, bonuses, and other benefits. Calculation methods vary based on employment terms.
8. I have no employment contract as my employer claims I am a casual worker. Surely I am entitled to some form of benefits?
Yes, casual workers are entitled to certain benefits, such as leave and overtime pay, even if they don't have a formal contract.
  • Casual employees may only work to a maximum of 24-hours per month
  • It is required to have an agreement in place for casual workers
To DRAFT a casual worker contract, please login to your user account and go to Employment contracts and then choose Casual worker contract.
9. Must I be paid by my employer during maternity leave?
No, employers are not required to provide paid maternity leave as stipulated by the LRA.
  • If the employment contract or policies provide for paid maternity leave, then it should pay in lieu of that internal policy/employment contract
  • Employers are however required to allow for maternity leave
  • Employers are required to provide employees with a UI-19 certificate
10. Can a senior manager claim overtime?
Senior managers may not be eligible for overtime pay, as their roles often involve flexibility in working hours.

This is however subject to the annual earnings threshold and the question whether the employee is actually working as a manager.
CCMA FAQ - Commission for Conciliation Mediation Arbitration Questions | South Africa

CCMA Frequently Asked Questions

Commission for Conciliation, Mediation and Arbitration - FAQ

1. What is the CCMA?
The CCMA is a government institution that mediates and arbitrates labour disputes in South Africa.

It plays a crucial role in resolving conflicts between employers and employees, ensuring fair practices, and maintaining workplace harmony.
2. Who can approach the CCMA?
Employees can approach the CCMA for assistance in resolving workplace disputes.

Additionally, employers, unions, or employer organizations may also refer disputes to the CCMA.
3. What types of cases does the CCMA handle?
The CCMA typically hears cases related to:
  • Unfair dismissal: When an employee is terminated without valid reasons or proper procedures
  • Unfair labour practices: Cases involving discriminatory treatment, unfair promotions, or other unjust actions by companies
4. How does the CCMA process work?
Employees can refer disputes to the CCMA for conciliation, arbitration, or refer to the Labour Court proceedings.

Deadlines, forms, and communication methods vary for each step.
5. What is the CCMA's legislative mandate?
The CCMA draws its legislative mandate primarily from Section 112 of the Labour Relations Act (LRA) and Section 23 of the Constitution of the Republic of South Africa.

It operates independently and aims to promote fair labour practices.
6. What must I do if the employer fails to comply with the award?
If an employer does not comply with the CCMA's arbitration award, the employee can seek legal enforcement through the CCMA and/or Labour Court or other relevant legal channels.
7. What can the employer do if not satisfied with the award given by the CCMA?
If dissatisfied with the award, you can apply for review of the award, within the stipulated time frame.
8. How long does it take to receive the outcome of the arbitration process?
  • The duration of the arbitration process may vary until the final evidence has been presented to the Commissioner
  • After the finalization of the arbitration process, the award must be rendered by the presiding commissioner within 14 days after the finalization of the arbitration process
9. Under what circumstances can a commissioner consider allowing a legal practitioner to represent me?
A commissioner may allow legal representation if the matter involves:
  • Complex legal issues
  • Issues of public interest
  • The comparative abilities of parties are measured in the presentation of the case
Rule 25 of the CCMA Rules clearly states the grounds when legal representatives are to be allowed and not allowed.
10. Which form should an employee use to refer a dispute for arbitration at the CCMA?
Use the appropriate CCMA form (such as LRA Form 7.11) to refer a dispute for arbitration.

These forms are available on the CCMA website.
Need help with CCMA forms? Contact our offices for professional assistance with dispute referrals and arbitration procedures.
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Free BCEA Compliance Test SA | Labour Law Assessment Tool
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BCEA Compliance Assessment

Ensure your business meets all Basic Conditions of Employment Act requirements with our comprehensive assessment tool. Get instant insights into your compliance status and practical guidance for improvement.

Compliance Verification

Check your alignment with current BCEA regulations and identify any gaps in your employment practices.

Risk Assessment

Identify potential areas of non-compliance and understand the associated risks and penalties.

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Receive detailed recommendations for addressing compliance gaps and improving your practices.

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BCEA Compliance Testing for South African Employers

Our free Basic Conditions of Employment Act compliance assessment tool helps businesses across South Africa evaluate their employment practices. Ideal for SMEs, corporations, and organizations looking to ensure compliance with South African labour laws.

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  • Basic conditions evaluation tool
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Contact Laboured SA - Labour Law Advisors & Consultants | South Africa

CONTACT US:

Email: info@laboured.org.za

Tel:
082 330 3939 - Ellik Swart (call & WhatsApp)
079 695 1343 (office & accounting)

ADDRESS:

496 Marianne Road
Hibberdene
KZN, South Africa

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