Unfair Dismissal Lawyers in Kempton Park

Unfair dismissal in South Africa is governed by section 188 of the Labour Relations Act 66 of 1995, which gives every employee the right not to be dismissed for an unfair reason or without a fair procedure, and a dispute must be referred to the CCMA or the relevant bargaining council within 30 days of the dismissal. Kempton Park-based employees fall under the CCMA’s Ekurhuleni regional office, with reviews heard in the Labour Court of South Africa in Braamfontein. Burger Huyser Attorneys’ Labour Law practice assists Kempton Park-area clients through its Bedfordview branch on the R21 corridor.

Why Engage a Specialist Unfair Dismissal Lawyer in Kempton Park

Section 188 of the LRA presumes a dismissal is unfair unless the employer proves both a fair reason (conduct, capacity, or operational requirements) and a fair procedure — both legs must be satisfied. The 30-day CCMA referral window under section 191 is strict; late referrals require condonation showing good cause plus reasonable prospects of success on the merits.

Many Kempton Park workplaces sit under a sectoral bargaining council rather than the CCMA directly — MIBCO (motor), MEIBC (metal and engineering) and SACCAWU (retail) are the most common — and those councils apply their own referral rules, not the LRA’s. Most Kempton Park employers appear at CCMA represented by senior counsel or experienced HR managers; appearing unrepresented against that kind of opposition typically produces a worse outcome on similar facts.

Burger Huyser’s Labour Law practice is led by specialist consultant Marius Ferreira and works files from the Bedfordview and Midrand branches.

What the Service Covers (Scope of Engagement)

Stage	What the lawyer does
Pre-referral eligibility review	Assesses substantive and procedural fairness, which forum applies (CCMA vs sectoral council), and whether condonation is needed.
CCMA referral drafting	Prepares and submits LRA Form 7.11 with supporting documents inside the 30-day window.
Conciliation representation	Attends the CCMA’s Ekurhuleni office in person and negotiates a settlement, commonly recorded as a section 158(1)(a) agreement.
Arbitration preparation and representation	Prepares the bundle of evidence, witness statements, and opening submissions where conciliation fails.
Labour Court reviews	Applies to review an arbitration award under section 145 of the LRA where the commissioner misdirected themselves on the law or facts.
Settlement and tax	Drafts the settlement agreement and advises on tax treatment of any lump-sum award.

The Local Forum Layer: Where Kempton Park Dismissals Are Actually Heard

Kempton Park sits inside the Ekurhuleni Metropolitan Municipality — but the local Magistrate’s Court has no jurisdiction over LRA disputes, so an unfair-dismissal claim never files there. The correct first forum depends on whether the employer falls under a registered bargaining council.

Grounds for an Unfair Dismissal Claim in Kempton Park

Substantively unfair reasons

Dismissal for reasons the LRA does not recognise (personality clash, refusing a date with a manager, reporting an occupational injury), or where the employer cannot prove the misconduct, capacity, or operational ground on a balance of probabilities.

Procedurally unfair process

Failure to give a written charge, denying the employee an opportunity to respond at a hearing, dismissing without allowing a union representative or fellow employee to attend, or failing to follow the employer’s own disciplinary code.

Automatically unfair dismissals (section 187)

Dismissal for exercising a right — taking parental leave, reporting a safety violation, joining a union, asserting a BCEA entitlement. These disputes carry a longer 90-day referral window and higher compensation under section 194.

Constructive dismissal

Where the employee resigns because the employer made continued employment intolerable (relentless bullying, unilateral pay cuts, dangerous conditions). The 30-day window still runs from the date of resignation.

What to Look for When Choosing an Unfair Dismissal Lawyer

• CCMA arbitration experience — the lawyer should have personally represented clients at arbitration, not only at conciliation.
• Labour Court track record — for matters that don’t settle and need a review, the firm should have experience at the Johannesburg Labour Court.
• Direct attorney access — confirm you will be represented by an admitted attorney, not handed off to a candidate attorney.
• Transparent fee model — fees should be quoted up front after the eligibility review, with a clear explanation of whether the matter is on a no-win-no-fee, capped percentage, or hourly basis.
• Local presence — proximity to the CCMA Ekurhuleni office and the Labour Court matters for in-person attendance.

Burger Huyser Attorneys is a member of the Pretoria Attorneys Association, the Gauteng Family Law Forum, and the Johannesburg Attorneys Association, and the firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified).

Practical Considerations: Cost, Timeline, What to Bring

Item	What to expect
Cost	Some East Rand labour firms offer a “No Win No Fee” model capped at 25% of any award; others charge hourly. Burger Huyser quotes per matter after the initial eligibility review.
Timeline	Conciliation within 30–60 days of filing; arbitration within 6–12 months if unresolved. Labour Court reviews add a further 6–18 months, and the review application itself must be filed within six weeks of the award.
Documents to bring	Dismissal letter, employment contract, written warnings, disciplinary hearing notice and outcome letter, payslips for the last 3 months, any messages or emails with the employer, and the names of any witnesses.

Frequently Asked Questions

How long do I have to refer an unfair dismissal dispute to the CCMA in Kempton Park?

30 days from the date of dismissal under section 191 of the LRA. Late referrals require condonation and a showing of good cause plus reasonable prospects of success on the merits.

Do I go to the CCMA or to a bargaining council?

If your employer falls under a registered bargaining council (e.g. MIBCO for the motor industry, MEIBC for metal and engineering, SACCAWU for retail), the council — not the CCMA — is the primary forum. If no council covers your workplace, the CCMA is correct.

What is the difference between unfair dismissal and automatically unfair dismissal?

Unfair dismissal is decided case-by-case against the section 188 test. Automatically unfair dismissal is the closed list under section 187 of the LRA — dismissal for joining a union, taking parental leave, asserting a BCEA right, whistleblowing, and so on — with a 90-day window and higher compensation under section 194.

Can Burger Huyser represent me at the CCMA in Kempton Park?

Yes — Burger Huyser Attorneys’ Labour Law practice represents Kempton Park-area employees at the CCMA’s Ekurhuleni regional office and at the Labour Court in Braamfontein. The Bedfordview branch (45A Florence Ave, 011 201 7190) is the first point of contact; the Midrand branch (010 022 4082) covers northern Kempton Park.

What compensation can I get if my dismissal is found unfair?

Remedies under section 194 of the LRA include reinstatement, re-employment in a comparable role, or compensation up to 12 months’ salary for unfair dismissal and up to 24 months’ for automatically unfair dismissal.

What if I already signed a settlement agreement with my employer?

A signed section 158(1)(a) settlement agreement is generally final and binding, with very limited grounds for setting it aside (fraud, duress, undue influence). The threshold to challenge is high and time-bound.

If you’ve been dismissed in Kempton Park or anywhere on the East Rand and need to act inside the 30-day CCMA window, contact Burger Huyser Attorneys’ Bedfordview branch on 011 201 7190 (after-hours 061 536 3223) — 45A Florence Avenue, Bedfordview, Johannesburg, 2008. The firm’s Labour Law practice handles CCMA referrals, conciliation, arbitration, and Labour Court reviews from the Bedfordview office, with the Midrand branch (010 022 4082) as the alternative for clients in northern Kempton Park. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).