Labour Law
Unfair Dismissal
An unfair dismissal is when an employer terminates employment without a fair reason or without following a fair procedure. Dismissed employees have strong legal protection in South Africa.
Legal Definition
A dismissal is unfair if the employer cannot show it was for a fair reason (misconduct, incapacity, or operational requirements) AND that a fair procedure was followed. Governed by the Labour Relations Act 66 of 1995 and the Code of Good Practice: Dismissal.
📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Labour Relations Act 66 of 1995
Practical Example
You are fired on the spot after one mistake, with no hearing. This is procedurally and substantively unfair. You can refer to the CCMA for reinstatement or compensation.
Frequently Asked Questions
What is procedural fairness in dismissal?
The employer must notify you of the allegations, give you a chance to respond (a hearing), and inform you of the decision. A union representative or co-worker may accompany you.
What compensation can I get for unfair dismissal?
The CCMA can order reinstatement or compensation of up to 24 months' remuneration for unfair dismissal.
Can I be dismissed by WhatsApp or SMS?
A dismissal via WhatsApp without following the proper procedure is procedurally unfair. Written notice must follow the disciplinary process.
Related Terms
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