Have You Been Dismissed Without Reason or Proper Procedure?
If you have been the victim of an unfair dismissal, you will be glad to know that there are no-win, no-fee labour lawyers in South Africa that can help you be reinstated or to get fair compensation for the actions of the employer.
We, for instance, have a team of no-win, no-fee labour lawyers in South Africa that can assist. If you earn above R20 000,00 and are a salary worker, our labour lawyers in South Africa can assist you on a no-win no-fee basis, subject to terms and conditions, and subject to your application for such.
Understand When It Is Unfair Dismissal
Do not simply consent to dismissal, as your consent means that you lose any rights to apply for unemployment benefits. If you are dismissed even though you have not been guilty of misconduct, you can still get unemployment benefits. It is essential to speak to our labour lawyers regarding dismissals for misconduct and procedures that must have been followed. They will, subject to terms and conditions, help you take the appropriate steps against the employer on a no-win, no-fee basis.
The Labour Relations Act states that a dismissal is unfair if the employer dismisses an employee for participating in a protected labour action, such as a strike. The employer may not dismiss an employee for refusing to do the work of employees on strike. Keep in mind that should such work be essential to avoid danger to public or employee health, then the employer has the right to dismiss the employee for not being willing to perform the work of an employee on strike.
The employer may not dismiss a worker to force the employee to accept a demand. The employee may also not be dismissed for taking part in legal or labour procedures against the employer. An employer may not dismiss a worker because she is pregnant or for an intended pregnancy.
Dismissal based on gender, race, sex, colour, ethnic origin, age, disability, culture, marital status, family responsibility, social origin, sexual orientation, conscience, language, political opinion, or religion is automatically unfair. Speak to our team of no-win, no-fee labour lawyers in South Africa to help you take appropriate action if you have been dismissed for any of the above reasons.
If you have been dismissed because of misconduct, but the employer failed regarding the procedure for dismissal, then you can still claim unfair dismissal. Since this is a complicated matter, it is best to speak to our team of labour lawyers in South Africa about the no-win, no-fee assistance in this regard.
The employer does have a right to terminate the employment if you have been guilty of misconduct. Questions to be asked include whether you have been aware of the rule which you disobeyed, and whether it could reasonably be expected that you would have known about the rule. The employer cannot terminate your employment contract for disobeying a rule, but not another employee’s contract for the same transgression.
The next issue is whether the employer followed the correct procedure for dismissal regarding misconduct. The employer must have considered your personal circumstances and factors that have contributed to your disobedience of the rule. In addition, dismissal must have been a fair and appropriate form of sanction for the particular situation. The nature of your job and whether you have committed the same transgression on a previous occasion must also be considered.
Apart from the above, questions about the procedure followed must be answered. Was there a hearing before your dismissal and was the hearing held within a reasonable time from the date of the incident? Did the employer investigate the circumstances and facts surrounding the misconduct and were you given notice of the charges against you? Did you get the opportunity to state your case and did you have a chance to question witnesses of the employer? Did the employer notify you of your right to appeal the decision?
Let our team of no-win, no-fee labour lawyers in South Africa assist in determining whether you have been unfairly dismissed and guide you with steps that can be taken against the employer.
Call 011 234 2125 for no-win, no-fee labour lawyer assistance regarding unfair dismissals in South Africa.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – October 2018.
