When is a Dismissal Unfair?

A dismissal is deemed unfair when it contravenes the Labour Relations Act 66 of 1995, specifically under Section 187. Employees must prove their dismissal fits these criteria:

Participation in Strikes or Protests: Dismissal for planning to join or support a lawful strike or protest as per Chapter IV of the Act is automatically unfair.

Solidarity with Striking Workers: If dismissed for not performing tasks of a legally striking or locked out employee.

Refusal of Unlawful Demands: If you are dismissed for rejecting an unlawful mutual interest demand, such as shares or stock purchases,.

Exercising Legal Rights: Dismissal for using any rights provided under the Act or participating in legal proceedings, including arbitration or Labour Court, is automatically unfair.

Discrimination: Any dismissal based on direct or indirect discrimination on grounds like race, gender, sexual orientation, or religion is automatically unfair.

Pregnancy and Related Reasons: Unfair dismissal can occur if terminated due to pregnancy, intentions to become pregnant, or related reasons like medical appointments or maternity leave.

Change of Business Ownership: Receiving a less favourable job offer following a business ownership change under Section 197 or 197A renders a dismissal automatically unfair.

Protected Disclosures: Dismissal for making a protected disclosure as defined in the Protected Disclosures Act, 2000, is automatically unfair.