From my experience with two unfair dismissal cases, it seems that employers get away with treating employees unfairly.
Their attitude seems to be that of pwerful bullies with deep pockets. Processes are not followed and there are no consequences.
I was unfairly dismissed without any process being followed, never mind the so-called procedurally and substnatively fair proceses. I went to the CCMA and won. My employer refused to implement the award and took the CCMA award to the labour court. They are, however, not actively pushing the case at the labour court, which leaves me in limbo. They ignore court timelines and directives, files get lost and when they do submit something it is full of lies and new evidence.
The court won't give a date for the hearing because the file is missing and not "indexed and paginated" and I do not have all the info to recreate the file. I will be lucky if my case gets heard in two years, by which time I will have been sequestrated or dead from a stree-induced hear attack!
You can bring an application in the labour court to compel compliance with the rules and to alternatively dismiss the case. The rules and times set are there to be complied with and if they are not, you are entitled to compel compliance.