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.
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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.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
“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.
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.
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