Unfair Dismissal – What is it?

An unfair dismissal takes place when the employer:

1. Has No valid Reason for the termination, and/or

2. Fails to follow a Fair Procedure before dismissing an employee.

Do I Qualify?

An Employee is qualified to make an application to Dismiss Assist if at the time of the Dismissal he or she:

1. Can prove that you were Dismissed.

2. Can show on the balance of probability that you were Dismissed Unfairly with regard to     the Reason for the Dismissal and/or Procedure followed in the Dismissal.

3. Can show that monies are owing to you.

What are the possible outcomes?

1. The presiding Dispute Forum (CCMA, Bargaining Councils, Labour Court), may order     up to 12 months compensation (6 months for defective procedure and/or 6 months     compensation for defective reasoning.)

2. In some cases even up to 24 months compensation (Automatic Unfair Dismissal.)