Unfair Dismissal
Were you as an employee subject to being unfairly dismissed? We may be able to help you on a “No-win No-fee” basis.
Were you unfairly dismissed?
Lawyer up to protect your rights.
We may be able to help you on a “No-win No-fee” basis
What is an unfair dismissal?
What is an unfair dismissal?
When there is an employment relationship between an employee and an employer and the employment relationship is terminated by the employer against the will of the employee on unfair circumstances.
Was the dismissal unfair?
A dismissal is unfair if the employer fails to prove a fair and valid reason for the dismissal.
Was the procedure unfair?
Even if your employement was terminated with fair and valid reasons, there should still be fair procedures followed by your employer. If the correct procedures was not followed, your dismissal may still be unfair.
Were you unfairly dismissed?
If you think you were unfairly dismissed by your employer, you may have a case for unfair dismissal that can be referred to the Commission for Conciliation, Mediation and Arbitration (“CCMA”). One of our labour law attorneys will arrange a consultation with you to get all the facts and circumstances surrounding your dismissal to determine the reasonable prospects of success to see if you qualify that we take your matter on a “No-win No-fee” basis which means that if we are not successful with your claim, you won’t pay any fees.
If you were subject to an unfair dismissal and we feel that your matter has reasonable prospects of success, we will do an assessment to see if you qualify on a “No-win No-fee” basis which is subject to approval and based on the Contingency Fee Act, 66 of 1997 (as amended) as well as our internal criteria.
If you were unfairly dismissed by your employer and your dismissal was substantively unfair or procedurally unfair, it should not be your problem. Contact one of our attorneys today to find out if you have a valid claim against your employer.
Frequently asked questions with Unfair dismissals
Section 185(a) of the Labour Relations Act
Every employee have the right not to be unfairly dismissed.
What is automatically unfair dismissal?
Participating or supporting a protected strike; Refusing to do work normally done by an employee who is on a protected strike; Refusal by an employee to accept a demand in respect of any matter of mutual interest between them and the employer; Any reason to prevent an employee to exercise his or her rights under the Labour Relations Act; Any reason relating to an employee’s pregnancy or intended pregnancy; Any grounds relating to unfair discrimination unless the dismissal is based on inherent requirements of the job; Any reason to prevent an employee from exercising his or her rights under the Protected Disclosures Act.
Section 188(1) of the Labour Relations Act
A dismissal that is not automatically unfair is still unfair if the employer fails to prove the reason for the dismissal is a fair reason if it is related to conduct or capacity; Based on operational requirements; and The dismissal was done in accordance with a fair procedure.
Section 192 of the Labour Relations Act
In any proceedings regarding a dismissal, the employee must proof that he or she was dismissed and if it is proved, the employer must prove that the dismissal is fair.
How long do you have to refer a dispute to the CCMA for unfair dismissal?
You only have 30 days to refer a dispute to the CCMA for unfair dismissal by using the LRA Form 7.11.
What can you claim at the CCMA for unfair dismissal?
You can claim reinstatement to get your job back or you can claim up to 12 months’ salary for unfair dismissal or up to 24 months’ salary for automatically unfair dismissal.
How does the process work at the CCMA for unfair dismissal?
Once the LRA Form 7.11 have been submitted to the CCMA, the Commissioner will facilitate conciliation to attempt to settle the matter. If conciliation fails, the matter will be referred for arbitration.
Do I need a lawyer to refer a matter to the CCMA?
No you do not need a lawyer to refer a matter to the CCMA for unfair dismissal. You can complete the LRA Form 7.11 yourself and submit it to the CCMA. It is advisable to have a lawyer to ensure your rights are protected throughout the process.
