Know Your Rights & Fight for Justice
Losing your job is always stressful, but even more so if you believe you were unfairly dismissed. In South Africa, employees have strong protections against unfair dismissal. If you’re based in Polokwane, Pretoria or anywhere in South African lands and believe you’ve been the victim of unfair dismissal, MT Ramabala Attorneys can help you understand your rights and pursue proper avenues of recourse.
What is Unfair Dismissal?
In South Africa, an employer cannot terminate your employment without a valid reason and following procedures laid out in the Labour Relations Act (LRA). Unfair dismissal occurs when:
- The reason for dismissal is unfair: This includes dismissing an employee for exercising their rights in the workplace, for participating in a protected strike, or due to discrimination (e.g., pregnancy, race, or disability).
- The procedure followed is unfair: Even if an employer has a valid reason, the dismissal procedure must be fair. This includes proper investigation, a disciplinary hearing, and opportunity for the employee to challenge the dismissal.
Types of Unfair Dismissal
The LRA recognizes three main types of unfair dismissal:
- Misconduct: Dismissal due to an employee’s behavior can be fair if the misconduct is serious, and a process of warnings and/or counseling has been followed.
- Example: Persistent absenteeism after disciplinary action can be a valid reason for dismissal.
- Incapacity: This covers poor performance or ill health leading to an inability to do the job. Employers must follow fair procedures, including exploring reasonable accommodations before dismissal.
- Operational Requirements (Retrenchment): Dismissals due to business restructuring are allowed, but only if proper consultation and selection processes are followed.
What to Do If You Think You’ve Been Unfairly Dismissed
If you believe you’ve been unfairly dismissed, act quickly. The LRA sets strict time limits for taking action.
- Contact Your Union: If you’re a union member, your union representative can assist you.
- Refer your Matter to the CCMA: If you’re not a union member, or your union can’t resolve the matter, refer your dismissal to the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days.
- Seek Legal Representation: An experienced labour law attorney, like the team at MT Ramabala Attorneys, can provide crucial advice and representation through the CCMA process and in Labour Court if necessary.
Possible Remedies for Unfair Dismissal
If the CCMA or Labour Court finds that you were unfairly dismissed, you may be entitled to:
- Reinstatement: Returning to your job as if the dismissal hadn’t occurred.
- Re-employment: Being offered a comparable position.
- Compensation: A financial award, the amount of which depends on factors like your length of service.
FAQs
1. My employer didn’t give me a reason for dismissal. Is that unfair?
Yes, employers must provide a valid reason in writing.
2. How long do I have to challenge an unfair dismissal?
Generally 30 days from the date of dismissal.
3. My employer says I resigned, but I didn’t. What can I do?
This is considered a constructive dismissal – contact the CCMA immediately.
4. If I win my unfair dismissal case, will I get my job back?
Not always, but reinstatement or re-employment is frequently the preferred outcome.
5. How much will it cost to fight an unfair dismissal?
Costs vary depending on complexity, but an initial free consultation with MT Ramabala Attorneys can provide clarity