Unfair Dismissal
Unfair dismissal is a legal concept in labour law that arises when an employer terminates an employee's contract of employment without a fair reason or without following a fair procedure. The principle protects workers from arbitrary or unjust loss of employment and forms a cornerstone of modern employment rights in many jurisdictions. In South Africa, unfair dismissal is governed primarily by the Labour Relations Act, which sets out substantive and procedural requirements that employers must meet when dismissing employees. A dismissal may be deemed substantively unfair if the employer lacks a valid reason related to the employee's conduct, capacity or the operational requirements of the business. It may be procedurally unfair if the employer fails to follow proper disciplinary processes, such as conducting a fair hearing or providing the employee with an opportunity to respond to allegations. Employees who believe they have been unfairly dismissed may refer their dispute to the Commission for Conciliation, Mediation and Arbitration or, in certain cases, to the Labour Court. Remedies for unfair dismissal typically include reinstatement to the former position, re-employment in a different role, or compensation capped at a specified number of months' remuneration. The Labour Appeal Court has developed extensive case law interpreting the fairness standards and the scope of remedies available. Unfair dismissal provisions aim to balance the employer's right to manage its workforce with the employee's right to job security and fair treatment. The concept is central to industrial relations and frequently features in disputes between trade unions, employers and individual workers.
Unfair Dismissal Updates
LAC confirms that valid mutual separation agreements preclude unfair dismissal claims
13th October 2026 Can an employee who has signed a mutual separation agreement later claim unfair dismissal on the basis that the agreement was, in substance, a... →
Double jeopardy – what happens if the first sanction is later set aside?
9th October 2026 Reach Summit (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2230/22) [2026] ZALCJHB 270, delivered on 25 August... →
Senior staff and fixed-term contracts: A warning for employers
30th September 2026 Fixed-term (‘temporary’) contracts expose employers to risk. No matter how the contract is worded, an employer who relies on the fact that a... →
Failing to meet the onus of proof sways the tightrope
25th September 2026 I have often reminded employers of the provisions of section 188 of the LRA. Appreciation for the importance of these provisions is crucial for... →
Petty misconduct, serious consequences: Why employers must distinguish misconduct from dismissible conduct
22nd September 2026 A key issue in misconduct matters is distinguishing between mere wrongdoing and conduct that warrants dismissal. This distinction becomes... →
Revisiting zero-tolerance policies: The NBCCI’s ruling on cannabis use
25th August 2026 In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for... →
Bad process doesn’t make a good dismissal bad: LAC draws a clear line between procedure and substance
21st August 2026 South African labour law has long recognised that a dismissal can fail for one of two reasons. The employer may not have had a fair reason to... →
Reinstated today, retrenched tomorrow? The limits of redundancy as a defence to reinstatement
21st August 2026 Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour Relations Act. Yet employers... →
Reinstated Today, Retrenched Tomorrow? The limits of redundancy as a defence to reinstatement
20th August 2026 Reinstatement has long been recognised as the primary remedy for substantively unfair dismissal under the Labour Relations Act. Yet employers... →
Probation is not a free pass: Why dismissal during probation still requires fairness, structure, and progressive discipline
16th July 2026 Many employers assume probation is a “trial period” where employment can be terminated with minimal procedure. That assumption is incorrect. During... →
