The Labour Commissioner’s Office reports that the most common complaints it receives involve disputes related to unfair dismissal, unfair labour practices, and severance pay. Serving as an alternative dispute resolution mechanism, the office aims to expedite the resolution of these labour disputes.

As an administrative tribunal, the Office of the Labour Commissioner handles disputes through mediation, conciliation, and arbitration. It also compiles reports and statistics that assist legislators in making informed decisions when crafting laws.

Prior to the establishment of the Office of the Labour Commissioner in 2008, disputes were addressed by the district labour court, which was accessible only to complainants who could afford the service. Since then, marginalized and disenfranchised communities have gained improved access to social justice.

Speaking at the Government Information Centre, Labour Commissioner Kyllikki Sihlahla highlighted that, in cases of unfair dismissal, complainants should first exhaust any internal processes available for appeals within their companies.

Applicants can obtain referral forms at the Office of the Labour Commissioner, which should be completed along with a summary of the dispute. Unfair dismissal cases must be referred within six months, while other disputes should be referred within 12 months; otherwise, the claims will lapse, and the Labour Commission will no longer have jurisdiction.