Legal Q&A
Unfair Dismissal in South Africa: Your Rights and What to Do
If you have been unfairly dismissed, you can challenge it at the CCMA within 30 days — free of charge. The LRA gives every employee the right not to be dismissed without good reason and fair procedure.
Free
South African Law
Direct Answer
If you have been dismissed without a valid reason or without a fair procedure, you have the right to refer the matter to the CCMA within 30 days of dismissal, at no cost. The Labour Relations Act protects every employee in South Africa — regardless of whether you have a written contract.
What the Law Says
Your Legal Foundation
Labour Relations Act 66 of 1995
Section 185
“Every employee has the right not to be unfairly dismissed and subjected to unfair labour practice.”
Labour Relations Act 66 of 1995
Section 188
“A dismissal is unfair if the employer fails to prove that the reason for dismissal is a fair reason... and that the dismissal was effected in accordance with a fair procedure.”
Labour Relations Act 66 of 1995
Schedule 8 — Code of Good Practice
“Before dismissing for misconduct, the employer must conduct a disciplinary inquiry at which the employee has the right to be heard, to be represented, and to state their case.”
What to Say
Exact Words to Use
“"I am entitled to written reasons for my dismissal in terms of Section 189 of the Labour Relations Act. Please provide these within seven days." ”
Tone: Firm, written, formal
“"I do not accept this dismissal as fair. I will be referring the matter to the CCMA within 30 days as provided by the Labour Relations Act."”
Tone: Clear, factual, non-aggressive
Common Questions
Frequently Asked Questions
What is the difference between fair and unfair dismissal?
A fair dismissal has two elements: a substantive fair reason (misconduct, incapacity, or operational requirements/retrenchment) AND a procedurally fair process (notice, an opportunity to be heard, the right to representation). If either element is absent, the dismissal is unfair — even if the reason for dismissal was valid.
I was on probation — can I still claim unfair dismissal?
Yes. Employees on probation are still protected, though different standards apply. If you were dismissed during probation, the employer must still follow a fair procedure and have a genuine, work-related reason. The CCMA handles probationary dismissal disputes.
Can I be dismissed by WhatsApp or phone call?
The law does not specify the exact method of dismissal, but it does require a fair procedure — which normally means a disciplinary hearing. A dismissal by WhatsApp without a hearing is almost certainly procedurally unfair. It is also good practice to request written confirmation of any dismissal.
I was retrenched — is that unfair dismissal?
Retrenchment is a fair reason for dismissal in law, but the procedure must be fair: the employer must consult with employees, explore alternatives to retrenchment, and apply selection criteria fairly. A retrenchment done without proper consultation can be referred to the CCMA or Labour Court.
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