FIHLIWEMATSA1 Getting fired from work without a proper procedure in South Africa can be demoralizing and frustrating looking at how hard it is to get another job instantly. The Labor Relations Act (LRA) protects the rights of South African employees from being unfairly dismissed. The following tips will help you on proper action to take in cases of unfair dismissal.
1. What Are The Signs Of Unfair Dismissal
It is only fair to recognize what amounts to an unfair dismissal before taking a legal route or any action. According to the LRA, an employee is unfairly dismissed if:
- They have been fired without any explanation or the reason is vague
- There was no hearing, warning or any procedure that leads to being dismissed
- There was discrimination either by race,gender or pregnancy
2. Ask For A Written Explanation for Your Dismissal
The Labour Law gives an employee the right to request a written document/letter that provides grounds for their dismissal. This documentation will act as the employer’s point of view and will be helpful in determining whether the employee was fired unfairly or not.
3. Collect Evidence
If an employee has decided to take action, they should gather proof that will build for the unfair dismissal allegations. The evidence may be:
- Company policies and labour agreement
- Any notes, warning statements, emails and any written conversations that are connected to your termination.
- Any statements from your co workers and eye witnesses that can authenticate your side of story.
4. File a Complaint with the CCMA
Contact the CCMA within a period of 30 days to file a case of unfair dismissal.
What To Do
- Download a referral form (LRA Form 7.11) from the CCMA website or visit the CCMA offices.
- Write down the details of why you were dismissed and submit the form upon completion to the CCMA.
- Wait for the CCMA to schedule and notify you on when the conciliation meeting will be.
5. Take Notes Of The Dates And Attend the Conciliation Process
A non biased CCMA commissioner will negotiate a mutual settlement between the two of you during conciliation. A possible result could be resuming your prior duties, reimbursing money lost or a settlement contract.
6. If Conciliation Did not Work Then Proceed to Arbitration
There is an option of Arbitration if conciliation proved to be unsuccessful. This is where the CCMA commissioner will make a final decision that cannot be disputed. If the arbitrator deemed your dismissal unfair then they might rule that you as an employee gets reinstated or compensated.
7. Consider Legal Representation
In complex cases where you feel you need extra support you may seek legal representation from either a trade union or labour lawyer.
8. If Necessary Take the Case to the Labour Court
In rare chances where arbitration did not give you a satisfactory ruling, you can further take your case to the labour court which can resolve more complex cases.
9. Know Your Rights Regarding Compensation
In cases where you were ruled to be given compensation, you should know that the employer must compensate you with up to 12 months of your salary in cases of unfair dismissal or 24 months for obvious unfair dismissal cases like being fired for being pregnant or for being a whistleblower.
10. Prevent Future Issues
Just for safety:
- Learn the labour law right that protects you as an employee in South Africa.
- Before signing your contract, go through it and understand your company’s policies and procedures.
- Collect written evidence and keep detailed records of any incidents or disputes at work.
What Should You Do if You’re Dismissed Without Notice?
It is considered a breach of contract by the employer for firing an employee without giving them any notice or a dismissal package. If this happens you can:
- Ask for immediate release of your overdue wages or severance
- Add this matter as part of proof to your unjust dismissal in the CCMA referral.
When Is It The Right Time To Seek Assistance from a Trade Union
Employees who are part of a trade union can ask for legal representation during termination trials. Trade unions are there to help you with:
- Negotiating on the employee’s behalf during disputes
- Assisting on guidance during the CCMA or labor court procedures.
Take Note
- You have 30 days to Lodge your complaint with the CCMA after being fired
- You are given 14 days to address any counterclaims or appeals from the employer.
Conclusion
The South African Labor Laws provide a strong support for employees to help them deal with being unfairly fired from work. Workers have every right to take the legal route if they believe they were unfairly fired. If this injustice happens for an employee, they should collect every written evidence leading to the termination, communications between the employer and the employee, and actions taken, and file a complaint with the CCMA or the Labour Court. An employee has the right to seek representation or assistance from either a trade union or a labor attorney to help through the process of getting a just and befitting settlement.
