What Is Unfair Dismissal In South Africa?
Substantively unfair dismissal is the termination of employment for no good cause or acceptable reason.
The “substance” refers to the merits of the reason for dismissal. An employer must produce enough evidence to prove that there is good reason to dismiss an employee.
What are the dismissal laws in South Africa?
The Labour Relations Act (LRA) sets out specific procedures that must be followed to ensure a fair dismissal.
These procedures include giving the employee notice of the intention to dismiss, providing the employee with an opportunity to respond to the allegations, and conducting a fair and unbiased hearing if necessary.
How many warnings before dismissal?
Typically, you give one verbal warning and two written warnings (one initial and one final) before dismissing them. However, in cases of severe or gross misconduct, you may dismiss the employee without prior warning.
What is the difference between fair and unfair dismissal?
A fair dismissal is where an employee or member of staff is dismissed from their employment for a justifiable reason.
Reasons for fair dismissal can be varied (see later) and in some cases, a dismissal can be automatically deemed unfair.
What qualifies as unfair dismissal in South Africa?
The dismissal will be regarded as automatically unfair if the worker is dismissed for exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
Taking part in lawful union activities. taking part in a legal strike or other industrial action or protest action.