7 steps to deal with unfair dismissal

 

Here are 7 steps you can take to deal with an unfair dismissal situation in South Africa:

 

1. Understand Your Rights

 

• 📣 Familiarize yourself with the Labour Relations Act (LRA) 66 of 1995. This act defines unfair dismissal and outlines employee rights during the dismissal process.

 

• 📣 The Department of Labour (https://www.labour.gov.za/) website offers resources and information on unfair dismissal.

 

 

2. Gather Evidence

 

• 📣 Collect any documentation that supports your case. This could include:
  • 📌 Employment contract
  • 📌 Disciplinary letters or warnings (if any)
  • 📌 Performance evaluations
  • 📌 Emails or written communication with your employer regarding the dismissal
  • 📌 Witness statements from colleagues who might have relevant information

 

 

3. Contact the Department of Labour (DoL)

 

• 📣 The DoL offers various dispute resolution mechanisms to address unfair dismissal claims. These mechanisms can be more affordable and faster than going to court.

 

• 📣 You can lodge a complaint with the DoL within 30 days of the dismissal date.

 

• 📣 The DoL will investigate your claim and attempt to mediate a settlement between you and your employer.

 

 

4. Consider Legal Representation

 

• 📣 Consulting a lawyer specializing in labour law is recommended, especially for complex cases or if:
  • 📌 You believe the DoL’s mediation wasn’t successful.
  • 📌 You require guidance navigating the legal process.
  • 📌 You’re considering filing a lawsuit against your employer.

 

 

5. Prepare for the CCMA (Conciliation, Mediation and Arbitration Commission)

 

• 📣 If mediation through the DoL fails, your case might be referred to the CCMA.

 

• 📣 The CCMA conducts conciliation hearings to try and reach an agreement between you and your employer.

 

• 📣 Be prepared to present your case clearly and provide evidence** supporting your claim of unfair dismissal.

 

 

6. Arbitration (if conciliation fails)

 

• 📣 If conciliation at the CCMA fails, you can choose to proceed with arbitration.

 

• 📣 Arbitration is a formal hearing where a CCMA commissioner issues a binding decision.

 

• 📣 This process generally moves faster than going to court.

 

 

7. Court Action (as a last resort)

 

• 📣 If you’re unhappy with the CCMA’s arbitration award, you can apply to the Labour Court for a review.

 

• 📣 Court action should be considered a last resort due to the time and cost involved.

 

 

Additional Considerations

 

• 📌 Time Limits: Act promptly. There are strict timeframes for filing complaints with the DoL and pursuing legal action.
• 📌 Settlement Agreements: Reaching a settlement agreement with your employer might be an option. This could involve receiving compensation in exchange for waiving your right to further legal action.
• 📌 Emotional Impact: Being unfairly dismissed can be stressful. Don’t hesitate to seek support from friends, family, or professional counselors.

 

By following these steps and understanding your rights, you can increase your chances of a successful outcome in an unfair dismissal situation.