In terms of Section 185 of the Labour Relations Act (LRA) every employee has the
right not to be unfairly dismissed or subjected to an unfair labour practice.
Dismissal in terms of section 186 of the LRA means that
(a). An employer has terminated a contract of employment with or without notice;
(b). An employee reasonably expected the
employer to renew a fixed terms contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it;
(c). An employer refused to allow an employee to resume work after she took maternity leave in terms of any law, collective agreement or her contract of employment or;
(d). An employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another or;
(e). An employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee; (constructive
(f). An employee terminated a contract of employment with or without notice because the new employer , after a transfer in terms of section 197 or
section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer.
Dismissal with or without notice can be unfair where the employee has been dismissed without a proper reason (for example proofed misconduct, poor work performance, ill
health/incapacity, retrenched) and without the employer complying with the procedural guidelines stipulated in the Code of Good Practice: Dismissal in Schedule 8 of the
There are different forms of dismissal, read more about each of them:
- Poor Work Performance
- Ill Health / Incapacity
If it is found that you
were unfairly dismissed for any of the above you could be entitled to up to 12 months your monthly remuneration at the time of your dismissal. If it is found that the
reason for your dismissal was unfair the employer could be ordered to reinstate you on the same terms and conditions of employment.
An unfair dismissal dispute must be referred to the CCMA or relevant Bargaining Council within 30 days of the dismissal. If the dispute
is referred without this time limit and application for condonation will have to be made. Click here to read more about the correct date of dismissal.
Conciliation is the first step in the dispute resolution process.
If conciliation fails the dispute must be referred to arbitration within 90 days of the certificate of outcome being issued.
For Further Information, Please See: