Crisis Guide

Fired While Pregnant — Your Rights

Dismissal because of pregnancy is automatically unfair under the LRA — you can claim up to 24 months' compensation at the CCMA within 30 days, for free.

Free South African Law 3 related guides

You have 30 days to act.

Pregnancy-related dismissal is automatically unfair. Refer to the CCMA within 30 days of dismissal. Missing this deadline is difficult to undo.

Direct Answer

Dismissing an employee because she is pregnant is automatically unfair dismissal under Section 187(1)(e) of the Labour Relations Act. Refer to the CCMA within 30 days. You can be awarded reinstatement or up to 24 months' compensation.

What the Law Says

Your Legal Foundation

Labour Relations Act 66 of 1995

Section 187(1)(e)

“A dismissal is automatically unfair if the reason for the dismissal is that the employee is pregnant, intends to be or is absent from work during pregnancy or on maternity leave.”

Immediate Steps

What to Do Right Now

1Count 30 days from today. Write it down. This deadline is critical.
2Get written reasons for your dismissal from your employer immediately. If they refuse, document the refusal.
3Complete CCMA form LRA 7.11 and submit it within 30 days. State that the dismissal is "automatically unfair" under Section 187(1)(e).
4Claim UIF maternity benefits at your nearest Labour Centre — being dismissed does not remove your entitlement to UIF.
5At the CCMA, the burden is on the employer to prove the dismissal was NOT connected to your pregnancy. You simply have to show the link — the timing alone is often sufficient evidence.

What to Say

Exact Words to Use

“"My dismissal is automatically unfair under Section 187(1)(e) of the Labour Relations Act. The dismissal is connected to my pregnancy. I am referring the matter to the CCMA immediately and claiming reinstatement and compensation."”

Tone: State in writing to your employer + on your CCMA referral form

Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.

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Common Questions

Frequently Asked Questions

How much compensation can I get for being fired while pregnant?

For automatically unfair dismissal, a court can award up to 24 months' remuneration as compensation — significantly more than for ordinary unfair dismissal (which is capped at 12 months). Alternatively, you can be reinstated or re-employed. These remedies can be combined.

I was told it was a retrenchment — can I still claim?

Yes, if the retrenchment was actually motivated by your pregnancy. If you were the only one retrenched, or if the timing coincides directly with your pregnancy announcement, the CCMA will scrutinise the real reason. The employer must prove the retrenchment was genuinely operationally necessary and not pretextual.

Get Help Now

Resources & Helplines

CCMA

0861 16 2616

File your automatically unfair dismissal referral. Free. 30-day deadline.
UIF

0800 030 007

Claim maternity benefits even after dismissal.
Legal Aid SA

0800 110 110

Free legal representation.

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