Home › Rights by Province › Free State › Unfair Dismissal

What To Do If You Are Unfairly Dismissed in Free State

Being dismissed unfairly in Free State is a violation of your constitutional right to fair labour practices. A dismissal is unfair if the employer cannot prove a fair reason (misconduct, incapacity, or operational requirements) and a fair procedure.

The Law That Protects You

Labour Relations Act 66 of 1995 — Section 185–186
Every employee has the right not to be unfairly dismissed. A dismissal is unfair if the employer fails to prove it was for a fair reason and that a fair procedure was followed.
Constitution of the Republic of South Africa, 1996 — Section 23
Everyone has the right to fair labour practices.

What To Do — Step by Step

  1. Note the exact date of dismissal. You have only 30 days to refer to the CCMA — missing this deadline is fatal to your claim.

  2. Complete CCMA Form 7.11 (available at any CCMA office or at ccma.org.za) and submit to your nearest Free State CCMA office.

  3. Attend conciliation. A CCMA commissioner helps the parties reach a settlement. If it fails, you receive a certificate of outcome to proceed to arbitration.

  4. Attend arbitration. Present your evidence, call witnesses, and the commissioner makes a binding award for reinstatement or compensation.

Frequently Asked Questions

Can I be dismissed by WhatsApp message in Free State?
A dismissal communicated by WhatsApp without a prior disciplinary hearing is both substantively and procedurally unfair. You can refer to the CCMA within 30 days.
What compensation can the CCMA award for unfair dismissal in Free State?
Reinstatement (your job back) or compensation of up to 24 months' remuneration. The CCMA considers: length of service, prospects of finding other employment, and the employer's conduct.
What if I am on probation when dismissed in Free State?
Probationary employees are still protected. The employer must give feedback, guidance, and a fair opportunity to improve before dismissal for poor performance.

Legal Resources in Free State

📋 CCMA: Bloemfontein CCMA (051 411 2700)

⚖️ Legal Aid SA: Legal Aid South Africa — Bloemfontein (051 411 8600)

🏛️ High Court: Free State Division of the High Court, Bloemfontein (051 492 4700)

🏢 Magistrates' Courts: Bloemfontein, Welkom, Phuthaditjhaba, Kroonstad, and other magistrates' courts

🏠 Rental Housing Tribunal: Free State Rental Housing Tribunal (051 403 3710)

The Free State has a large agricultural sector with significant ESTA farm worker rights issues, and Bloemfontein hosts the Supreme Court of Appeal — the highest court on non-constitutional matters.