Unfair Dismissal Lawyers in Randburg

Unfair dismissal lawyers in Randburg assess whether a termination had a fair reason and followed a fair procedure, protect the applicable referral deadline, and represent employees or employers in the correct CCMA, bargaining-council or Labour Court process. An employee generally has 30 days from dismissal to refer the dispute, so supporting records should be preserved immediately.

What an Unfair Dismissal Lawyer in Randburg Does

An unfair dismissal attorney begins by establishing what happened, when the dismissal took effect and which forum has jurisdiction. The attorney reviews the employment contract, workplace rules, allegations, hearing record, evidence and outcome before assessing prospects under the Labour Relations Act 66 of 1995 (LRA). This early screening helps distinguish an ordinary unfair-dismissal claim from an automatically unfair dismissal, constructive dismissal, retrenchment dispute or unfair labour practice.

Burger Huyser Attorneys’ Labour Law practice provides advice, preparation and representation across the appropriate CCMA, bargaining-council or Labour Court pathway.

When Is a Dismissal Unfair?

Section 185(a) of the LRA gives every employee the right not to be unfairly dismissed. Fairness has two distinct parts:

• Substantive fairness asks whether the employer can prove a fair and valid reason for dismissal.
• Procedural fairness asks whether the employer followed a fair process before terminating employment.

Under section 188, a dismissal that is not automatically unfair may still be unfair unless the employer proves a fair reason related to the employee’s conduct or capacity, or the employer’s operational requirements, and proves that a fair procedure was followed. Misconduct, incapacity, poor performance and incompatibility are not self-proving grounds: each requires a fact-specific assessment of the reason, evidence, workplace standard, consistency and process.

Procedural scrutiny may include whether the employee received understandable allegations and reasonable preparation time, had a meaningful opportunity to respond, and received a reasoned outcome from an impartial decision-maker. The sanction must also be fair in the circumstances. An employee is not automatically entitled to legal representation at an internal disciplinary hearing; the employer’s rules, collective arrangements and particular circumstances must be considered.

Types of Dismissal and Related Labour Claims

Dispute type	What requires assessment
Ordinary unfair dismissal	The reason and procedure where dismissal concerns conduct, capacity, performance, incompatibility or operational requirements.
Automatically unfair dismissal	Whether dismissal relates to a protected ground, such as pregnancy, protected-strike activity, unfair discrimination, exercising LRA rights or making a protected disclosure.
Constructive dismissal	Whether the employee resigned because the employer made continued employment intolerable. Advice should be obtained before resigning where possible.
Retrenchment	Whether there was a genuine operational rationale and a fair consultation process addressing alternatives, selection criteria, redeployment, notice, leave and severance.
Unfair labour practice	Conduct short of dismissal involving promotion, demotion, probation, training, benefits, suspension or disciplinary action.

Sections 189 and 189A regulate operational-requirements dismissals, with the process affected by employer size and the proposed scale. A business transfer may raise separate section 197 issues, while automatically unfair claims require careful forum and remedy analysis.

The CCMA, Bargaining Council and Labour Court Route

1. Record the effective termination date. Keep the dismissal letter or message and prepare a dated chronology while events are fresh.
2. Identify the correct forum and deadline. An unfair-dismissal dispute is generally referred within 30 days. An unfair-labour-practice dispute is generally referred within 90 days. An applicable bargaining council may have jurisdiction instead of the CCMA.
3. Prepare and serve the referral. LRA Form 7.11 is used to refer a dispute for conciliation. The correct employer or employee parties, dispute category, dates and proof of service must be addressed. Late referral generally requires a condonation application.
4. Attend conciliation. A commissioner facilitates an attempt to resolve the dispute. Any settlement should accurately record payment, reinstatement or other obligations, confidentiality where agreed, withdrawal and enforcement terms.
5. Proceed after non-resolution. If conciliation fails, a dispute may proceed to CCMA or bargaining-council arbitration where that forum has jurisdiction. Other disputes must be referred to the Labour Court within the applicable statutory period.
6. Pursue an appropriate remedy. Depending on the claim and facts, relief may include reinstatement, re-employment or compensation, followed by enforcement steps if an order or award is not honoured.

A person can lodge a CCMA referral without an attorney. Legal assistance may help classify the dispute, calculate the deadline, assess evidence and prepare the case. Representation is governed by the LRA and CCMA Rules and is not permitted automatically at every stage.

What the Representation Service Covers

• An initial employee or employer consultation and a written chronology of events.
• Merits screening against the dismissal reason, procedure, evidence, consistency, workplace policies and available remedies.
• Employee assistance with grievances, disciplinary-hearing preparation, referrals, conciliation, arbitration preparation and settlement evaluation.
• Employer assistance with allegations and charges, notices, hearing procedure, evidence, outcome reasons, settlement and defence strategy.
• Retrenchment and restructuring advice on consultation, alternatives, selection criteria, severance and sections 189 or 189A where applicable.
• Labour Court pleadings, applications and representation where the matter belongs in that forum and the firm accepts the instruction.

Fair procedure is not a paper exercise. Contracts, workplace policies, codes and collective agreements must be read alongside what occurred in practice. No attorney can guarantee reinstatement, compensation or a hearing date before assessing the evidence and jurisdiction.

How to Choose a Randburg Unfair Dismissal Lawyer

Choose an attorney for relevant labour-law capability rather than proximity alone. Useful questions include:

• Does the attorney act for employees, employers or both, and has a conflict check been completed?
• Who will conduct the consultation, preparation and permitted representation?
• Will the attorney calculate the referral deadline and check bargaining-council jurisdiction?
• Is the proposed CCMA, arbitration or Labour Court route explained realistically?
• Will the scope and fees distinguish consultation, referral, conciliation, arbitration, counsel, disbursements and court work?

Avoid guaranteed-win or guaranteed-compensation claims. Any contingency-fee arrangement must comply with the Contingency Fees Act 66 of 1997 and be properly recorded in writing. Burger Huyser’s confirmed Labour Law offering includes CCMA disputes, disciplinary hearings, employment contracts and Labour Court matters.

Cost, Timing and What to Bring to the First Consultation

Costs vary with urgency, complexity, document volume, forum and whether conciliation resolves the dispute. Request a written quotation after the initial assessment.

Bring to the consultation	Why it matters
Employment contract, payslips and dismissal notice	Confirms the employment relationship, remuneration and effective termination date.
Charge sheet, notices, hearing record and outcome	Allows assessment of the allegations, opportunity to answer and sanction.
Grievances, messages and performance or incapacity records	May show context, prior steps, consistency and the stated reason for dismissal.
Retrenchment notices and consultation records	Shows whether alternatives, selection criteria and financial consequences were addressed.
Dated chronology and referral correspondence	Supports deadline calculation and procedural planning.
Employer policies, investigation notes and comparable cases	Helps an employer demonstrate standards, evidence and consistent treatment.

Act promptly even if some records are missing. The general 30-day unfair-dismissal and 90-day unfair-labour-practice periods are urgent planning points, not substitutes for checking the current rule and any bargaining-council requirements.

Burger Huyser Attorneys’ Labour Law practice can assess an unfair-dismissal dispute for an employee or employer and explain the appropriate CCMA, bargaining-council or Labour Court pathway. Consultations are available through the head office at 49 1st Avenue, Linden, Randburg, 2195. Call 011 888 0246 during office hours, Monday to Friday from 7:30am to 4:30pm, to enquire about availability and fees.

Frequently Asked Questions

How quickly should I contact an unfair-dismissal lawyer after termination?

Contact an attorney immediately because an unfair-dismissal dispute generally must be referred within 30 days of dismissal. The precise deadline, forum and need for condonation must be checked against the facts and any applicable bargaining council.

Do I need a lawyer to refer an unfair-dismissal dispute to the CCMA?

No. A person may generally refer a CCMA dispute using LRA Form 7.11 without appointing an attorney, although legal assistance can help with forum selection, evidence, settlement decisions, arbitration preparation and Labour Court proceedings.

Can Burger Huyser assist an employer as well as an employee?

Yes. Burger Huyser Attorneys’ Labour Law practice covers CCMA disputes, disciplinary hearings, employment contracts and Labour Court matters, subject to a conflict check and acceptance of the instruction.

Can a lawyer represent me at an internal disciplinary hearing?

Not automatically. The employer’s disciplinary code, workplace rules, collective arrangements and circumstances of the hearing must be reviewed before legal representation can be confirmed.

What will an unfair-dismissal consultation cost?

The cost depends on urgency, complexity, the documents, the required scope and the forum. Burger Huyser Attorneys should confirm the consultation fee, disbursements and later-stage costs after assessing the matter.

What should I bring to a Randburg consultation?

Bring the employment contract, dismissal notice, disciplinary documents, hearing record, outcome, grievance and performance or retrenchment correspondence, payslips and a dated chronology. Employers should also bring policies, investigation material and evidence supporting the dismissal reason.