Unfair Dismissal Lawyers in Roodepoort

An unfair dismissal lawyer in Roodepoort handles CCMA referrals, conciliation and arbitration under the Labour Relations Act 66 of 1995, with disputes generally referred on LRA Form 7.11 within 30 days of dismissal. Once dismissal is established, section 192 places the burden on the employer to prove a fair reason and fair procedure; section 193 provides for reinstatement, re-employment or compensation of up to 12 months’ remuneration for ordinary unfair dismissal and up to 24 months for automatically unfair dismissal.

Why Engage a Specialist Unfair Dismissal Lawyer in Roodepoort

You do not need an attorney to lodge a CCMA referral or attend conciliation. The difficulty is presenting the facts in the way the Labour Relations Act 66 of 1995 requires. A dismissal may be unfair because the employer lacked a fair reason, followed an unfair procedure, or both.

The deadline is equally important. An unfair-dismissal referral normally must be made within 30 days from the date the employment relationship ended. A late referral requires condonation, supported by a proper explanation for the delay and prospects of success. Missing the deadline can prevent an otherwise arguable dispute from being heard.

Although section 192 shifts the burden of proving fairness to the employer once dismissal is established, the employee still needs a coherent factual case and supporting documents. A lawyer can identify the real dispute, preserve the evidence and frame the remedy sought.

Support before dismissal can also matter. The disciplinary hearing is often where the record later placed before the CCMA is created. Preparation and representation at that stage may address defective allegations, inadequate notice, missing evidence or an unreasonable sanction before the employment relationship ends.

Burger Huyser Attorneys’ Roodepoort branch handles labour-law instructions locally through its wider Labour Law practice, including CCMA disputes and disciplinary hearings.

What the Service Covers

1. Pre-referral intake: reviewing the dismissal, identifying whether the dispute is ordinary or automatically unfair, checking the correct forum and confirming the 30-day deadline.
2. CCMA or bargaining-council referral: preparing and lodging Form 7.11 with the CCMA or the sectoral bargaining council that has jurisdiction. If the deadline has passed, preparing the condonation application.
3. Conciliation: preparing the opening position, relevant documents and settlement parameters, attending conciliation and recording any settlement reached.
4. Arbitration: preparing the statement of case, witnesses and evidence, conducting questioning and cross-examination, and arguing both liability and remedy.
5. Labour Court reviews: advising on a review of a CCMA or bargaining-council arbitration award at the Labour Court in Johannesburg where a reviewable error is present.
6. Pre-dismissal disciplinary representation: reviewing the charge sheet, preparing the employee, presenting the defence and attending the internal enquiry.
7. Settlement drafting: preparing a full-and-final settlement agreement where the dispute resolves at conciliation.

The Statutory Framework: What the CCMA and Labour Court Apply

The core rules come from the Labour Relations Act 66 of 1995 (LRA), read with the applicable CCMA rules, bargaining-council rules and, where relevant, the Basic Conditions of Employment Act 75 of 1997 (BCEA).

• Section 185(a): every employee has the right not to be unfairly dismissed.
• Section 188(1): an ordinary dismissal is unfair unless the employer proves a fair reason related to conduct, capacity or operational requirements and a fair procedure.
• Section 192: the employee must establish that dismissal occurred; once established, the employer must prove fairness.
• Section 187: certain dismissals are automatically unfair, including dismissals linked to protected strikes, pregnancy, trade-union activity, exercising LRA rights or protected disclosures under the Protected Disclosures Act.
• Section 193: the primary remedy is reinstatement, with re-employment or compensation as alternatives. Compensation is capped at 12 months’ remuneration for ordinary unfair dismissal and 24 months’ remuneration for automatically unfair dismissal.

A contingency arrangement, where appropriate, is governed by the Contingency Fees Act 66 of 1997 as amended. The statutory limit is not a standard quotation: the engagement model and fees must be explained in writing after the merits and work required have been assessed.

Substantive vs Procedural Unfairness: The Two Ways a Dismissal Can Fail

Dimension	What it covers	Common weaknesses
Substantive fairness	Whether the employer had a fair reason connected to conduct, capacity or operational requirements.	The allegation is not proved, the reason changes after the hearing, warnings or performance evidence are absent, or an alleged retrenchment is not tied to genuine operational requirements.
Procedural fairness	Whether the employee received a fair process before dismissal.	The employee was not told the specific allegation, was denied a proper opportunity to respond, faced an improperly conflicted presiding officer, or was denied permitted assistance or representation.
Both dimensions	Substance and procedure are separate enquiries, although the same defective process may affect both.	An inadequate investigation can leave the employer without reliable proof of the reason while also depriving the employee of a fair opportunity to answer it.

The commissioner assesses the evidence and then determines the appropriate remedy under section 193. Burger Huyser’s Labour Law practice can address both dimensions rather than treating a defective hearing as the entire case.

What the CCMA Can Award

Remedy	Legal source	Scope or ceiling
Reinstatement	Section 193(1)(a), LRA	Return to the former employment on the terms and conditions that applied immediately before dismissal, subject to the statutory exceptions.
Re-employment	Section 193(1)(b), LRA	Comparable or suitable work where reinstatement is not practicable.
Compensation for ordinary unfair dismissal	Section 193(1)(c), LRA	Up to 12 months’ remuneration calculated by reference to the dismissal.
Compensation for automatically unfair dismissal	Section 193(2), LRA	Up to 24 months’ remuneration where the dismissal falls within section 187.
Severance pay	Section 41, BCEA	Generally one week’s remuneration for each completed year of service where an operational-requirements dismissal qualifies.
Notice pay	Section 38, BCEA and the contract	The applicable statutory or contractual notice amount where notice was not properly given.

Reinstatement is not automatic in every case. The facts, the employee’s remedy preference, the working relationship and the statutory exceptions all matter.

The Local Filing Layer: CCMA, Bargaining Councils, and the Labour Court

Roodepoort-based employment disputes are referred to the CCMA unless a registered sectoral bargaining council has jurisdiction. Employees in sectors such as metal, mining or another organised industry may need to use that council instead, so the correct forum should be confirmed before filing.

The Form 7.11 period runs from the date the employment relationship actually ended. A late referral may be condoned under the LRA, but condonation is discretionary and depends on the explanation for the delay, the length of the delay, prejudice and the prospects of the underlying dispute.

The Labour Court in Johannesburg reviews CCMA and bargaining-council arbitration awards on the statutory review grounds and hears certain claims brought directly under the BCEA. A review is not a second appeal simply because a party dislikes the result; the award and record must be assessed for a reviewable error.

What to Look for in an Unfair Dismissal Lawyer

• CCMA experience: the ability to prepare for conciliation, lead evidence, cross-examine witnesses and argue remedy.
• Working knowledge of the LRA: sections 185, 187, 188, 192 and 193, together with relevant BCEA, Employment Equity Act and National Minimum Wage Act issues.
• Disciplinary-hearing experience: advice before dismissal can be as important as representation after it.
• Transparent fees: the written engagement should identify hourly, capped or contingency billing and explain any statutory limits.
• Labour Court capability: the firm should be able to assess and pursue a review where the award justifies it.
• Local access: a Roodepoort consultation point can make it easier to review the documents and prepare the bundle promptly.

Burger Huyser Attorneys’ Roodepoort branch provides that local intake point while the firm’s Labour Law practice handles CCMA disputes, disciplinary hearings and Labour Court matters.

Practical Considerations: Cost, Timeline, and What to Bring

Cost: fees depend on the engagement model, the urgency, the amount of preparation required and whether the matter proceeds to arbitration or review. Burger Huyser quotes per file after an initial merits assessment. A contingency arrangement may be considered in suitable matters under the Contingency Fees Act 66 of 1997, subject to the written agreement and statutory limits.

Timeline: conciliation is commonly scheduled within weeks after referral, while arbitration may be listed several months later. The actual period depends on the CCMA or bargaining-council roll, postponements and the complexity of the dispute.

Bring these documents:

• dismissal letter and any termination notice;
• employment contract and relevant workplace policies;
• payslips and proof of remuneration;
• written warnings, charge sheets and disciplinary notices;
• disciplinary-hearing minutes and outcome;
• performance reviews, incapacity records or medical documents where relevant; and
• correspondence with the employer, union, CCMA, bargaining council or attorneys.

Frequently Asked Questions

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

You generally have 30 days from the date the employment relationship ended to refer the dispute on LRA Form 7.11. A late referral requires condonation under the applicable statutory process. Condonation is discretionary and depends on the explanation for the delay, its length, prejudice and the prospects of the underlying case.

Do I need a lawyer to take an unfair dismissal matter to the CCMA?

No. The LRA does not require a lawyer to lodge Form 7.11 or appear at conciliation. Representation can nevertheless help with the documentary record, substantive and procedural fairness arguments, witness preparation, arbitration and remedy.

What can I claim at the CCMA for unfair dismissal?

Section 193 of the LRA provides primarily for reinstatement, with re-employment or compensation as alternatives. Compensation is capped at 12 months’ remuneration for ordinary unfair dismissal and 24 months’ remuneration for automatically unfair dismissal. Severance and notice pay may also arise under the BCEA where the facts meet those requirements.

Where is the Burger Huyser Roodepoort branch, and how do I book a consultation?

The branch is at 16 Galena Avenue, Helderkruin, Roodepoort, 1724. Call 011 668 0030 or mobile 061 516 0091 during Monday to Friday, 7:30am to 4:30pm. The initial consultation should confirm the merits, the correct forum and the 30-day Form 7.11 deadline.

Can the firm help if I am still facing a disciplinary hearing and have not yet been dismissed?

Yes. The Labour Law practice can review the charge sheet, prepare the defence, prepare the employee as a witness and represent the employee at the internal disciplinary enquiry. Early assistance can improve the record before any later CCMA referral.

If you have been dismissed and need an unfair dismissal lawyer in Roodepoort, contact Burger Huyser Attorneys on 011 668 0030 or mobile 061 516 0091, or visit 16 Galena Avenue, Helderkruin, Roodepoort, 1724. The Labour Law practice assists with pre-referral advice, Form 7.11 referrals, conciliation, arbitration, disciplinary hearings and Labour Court reviews. Bring your dismissal letter, contract, payslips and disciplinary documents. Burger Huyser Attorneys has a 4.8/5 average from 250+ Google reviews, Trustindex verified as a “Top Rated Law Firm in South Africa”.