Unfair Dismissal
Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.
Definition
Unfair dismissal is a high-urgency labour issue because the date of dismissal, appeal outcome, reason given, disciplinary process, and referral deadline can all affect the next step.
Key takeaways
Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.
Labour Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Dismissed from work
Constructive dismissal
Late dismissal referral
Related resources
Resources and guides
CCMA Checklist
Preparation checklist for CCMA referral, conciliation, and arbitration steps.
Labour LawPreparation PackDismissal Evidence Pack
Evidence planning pack for dismissal disputes and workplace disciplinary records.
Labour LawPreparation PackLabour Lawyer South Africa Preparation Checklist
Prepare for a South African labour-law consultation by organising employment status, dismissal or workplace-dispute dates, CCMA route questions, evidence, witnesses, and fee issues.
Labour LawPreparation PackLabour Lawyer Preparation Checklist
Prepare a labour-law consultation by organising workplace facts, employment documents, disciplinary records, CCMA questions, witnesses, and deadline risks.
Labour LawPreparation PackEmployment Rights Lawyer Near Me Preparation Checklist
Prepare an employment-rights consultation by organising dismissal, suspension, wage, discrimination, harassment, benefit, policy, evidence, and deadline records.
Labour LawPreparation PackLabour Lawyer Near Me Preparation Checklist
Prepare for a nearby labour-law consultation by organising workplace facts, employment records, evidence, witnesses, CCMA questions, and urgent deadline risks.
Labour LawFAQs
Unfair Dismissal FAQs
What does Unfair Dismissal mean?
Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.
How long do I have to refer a dismissal?
The CCMA’s 2025 dismissal information sheet describes a 30-day referral period from dismissal, or a later final employer decision to dismiss or uphold it. Refer to the bargaining council with jurisdiction, or the CCMA if no council has jurisdiction. A late referral requires a condonation application; do not assume ongoing discussions extend the deadline.
What documents help prove unfair dismissal?
Organise the employment contract, dismissal and appeal outcomes, charge sheet, hearing notices and record, workplace rules, warnings, correspondence and witness details. Separate evidence about the reason for dismissal from evidence about the procedure. Keep proof of when the outcome was received.
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