Unfair Dismissal Lawyers

A South African employee who believes they have been unfairly dismissed must refer the dispute to the CCMA or the relevant sectoral bargaining council within 30 days of dismissal under section 191 of the Labour Relations Act 66 of 1995, where reinstatement, re-employment, or compensation of up to 12 months’ remuneration (24 months for an automatically unfair dismissal under section 187) may be awarded if the employer cannot show a substantively fair reason and a procedurally fair process under section 188. Burger Huyser Attorneys handles unfair dismissal matters through its general litigation and dispute-resolution practice, with a labour law specialist consultant on staff and intake available at the Randburg (Linden) head office or any of its Gauteng branches in Sandton, Bedfordview, Roodepoort, Pretoria, Centurion, Alberton and Midrand.

Why Engage a Specialist Unfair Dismissal Lawyer in South Africa

The unfair dismissal test under section 188 of the LRA has two legs — substantive fairness (a fair reason such as misconduct, incapacity, or operational requirements) and procedural fairness (notice, a hearing, the right to representation, and the opportunity to call and cross-examine witnesses). Both must be met for the dismissal to be fair; an experienced attorney identifies which leg is weakest in your case and builds the file accordingly. The burden of proof rests with the employer once a dismissal is established, but the employee still has to put up a credible factual dispute at conciliation — without it, the CCMA commissioner has nothing to conciliate.

Most unfair dismissal matters settle at conciliation rather than proceed to arbitration, and the value of the settlement depends materially on the quality of the representation at that first hearing. The 30-day referral window under section 191 of the LRA is strictly enforced: a late referral is generally dismissed unless condonation is granted, and a condonation application requires a reasonable explanation, a reasonable prospect of success, and a consideration of prejudice to the employer. A specialist also tracks the bargaining council landscape — metal and engineering, mining, road freight, and several other sectors have their own councils with jurisdiction over disputes before the CCMA gets involved. Burger Huyser supports this work through its general litigation and dispute-resolution practice, with labour law specialist consultant Marius Ferreira on staff rather than relying on generalist drafter capacity.

What the Service Covers

• Pre-claim assessment — review of the dismissal letter, employment contract, disciplinary record, payslips, and warning letters; outcome-driven advice on prospects and the right route (CCMA, bargaining council, or Labour Court).
• CCMA / bargaining council referral — drafting and lodging the Form 7.11 referral under section 191 of the LRA, and serving it on the employer within the 30-day window.
• Conciliation — preparing for and attending the conciliation hearing, opening the negotiation, putting forward the settlement position, and (where a settlement is reached) drafting the settlement agreement.
• Arbitration — preparing the bundle of documents, opening statement, witness statements, cross-examination of the employer’s witnesses, and closing argument where conciliation has failed and the certificate of non-resolution has issued.
• Labour Court claim or review — for automatically unfair dismissals (where the CCMA cannot arbitrate without written consent), where the remedy sought exceeds the CCMA’s 12-month cap, or where the arbitration award needs to be reviewed and set aside.
• Settlement drafting and enforcement — full-and-final settlement agreements with confidentiality terms, taxation of any award, and enforcement where the employer does not pay.

Local Procedural Context: CCMA, Bargaining Councils, and the Labour Court in Gauteng

Unfair dismissal disputes are referred to the CCMA or the relevant bargaining council within 30 days of dismissal under section 191 of the LRA. Where a bargaining council has jurisdiction, the council handles the dispute first; the CCMA only becomes involved if the council fails to resolve the matter or if no council exists for the sector. If conciliation fails — no settlement is reached, or the certificate of non-resolution is issued — the employee can refer the matter to CCMA arbitration or, for automatically unfair dismissals, directly to the Labour Court under section 191(6).

The Labour Court for Gauteng sits in Johannesburg; the Labour Appeal Court sits in Johannesburg and Bloemfontein. Gauteng has CCMA offices in Johannesburg, Pretoria (Tshwane area) and Ekurhuleni, covering most Gauteng-based unfair dismissal referrals. The CCMA cannot arbitrate disputes involving alleged automatically unfair dismissals unless both the employee and the employer consent to CCMA arbitration in writing — without that consent, the matter must go to the Labour Court.

Dismissal Type and Maximum Compensation

Dismissal type	Maximum compensation	Forum
Ordinary unfair dismissal (procedural or substantive unfairness)	Up to 12 months’ remuneration	CCMA / private arbitration
Automatically unfair dismissal under section 187 LRA (e.g. pregnancy, trade-union activity, protected disclosure, discrimination)	Up to 24 months’ remuneration	Labour Court (CCMA only with written consent of both parties)
Unfair labour practice (e.g. constructive dismissal related to overtime, demotion)	Up to 12 months’ remuneration	CCMA / Labour Court

What to Look for When Choosing an Unfair Dismissal Lawyer

• Labour-law specialisation, not general practice — unfair dismissal files run on LRA procedure (Form 7.11, section 191 timing, conciliation-versus-arbitration election) that a generalist drafter can easily misdraft.
• Regular CCMA and Labour Court appearance experience — appearing before commissioners regularly is materially different from filing once and never appearing.
• Honesty about prospects and costs — clients consistently highlight the firm’s honest cost-and-prospects conversations in reviews; this matters in unfair dismissal matters where settlement value depends on the credibility of the underlying case.
• Direct principal-attorney access — labour files are time-sensitive (30-day window); handoff to junior staff who have not yet built a relationship with the commissioner panel is a real risk to outcome.
• Transparent cost conversation — fees depend on whether the matter settles at conciliation or proceeds to arbitration; this should be quoted up front after the initial assessment, not estimated loosely before engagement.
• Gauteng-wide reach — CCMA offices in Johannesburg, Pretoria and Ekurhuleni handle most Gauteng-based unfair dismissal matters; a firm with branches across all three catchment areas can take instructions from wherever the client is based.

Burger Huyser Attorneys matches that profile across its Gauteng branch network, with intake handled at the Randburg (Linden) head office and director-level oversight through the general litigation and dispute-resolution practice.

Practical Considerations: Cost, Timeline, What to Bring

Cost — depends on whether the matter settles at conciliation (cheaper) or proceeds to arbitration (more expensive). Labour Court applications cost more again. Burger Huyser quotes on a per-file basis after the initial assessment and gives a transparent cost conversation up front rather than a loose pre-engagement estimate.

Timeline — conciliation is scheduled within 30 days of referral; if conciliation fails, arbitration is typically scheduled within 6 to 12 weeks of the certificate of non-resolution. Labour Court matters run longer, depending on the roll and whether the matter is opposed.

What to bring to the first consultation:

• Letter of dismissal
• Employment contract
• Payslips for the last three months
• Disciplinary hearing minutes (if any)
• Warning letters
• The employer’s letterhead contact details
• Any prior correspondence with the employer or union

The 30-day clock — start counting from the date of dismissal (or the date the employee was constructively dismissed). Late referrals are dismissed unless condonation is granted, and condonation requires a reasonable explanation, reasonable prospects of success, and absence of undue prejudice to the employer.

If you have been dismissed and need to assess whether the dismissal is unfair before the 30-day CCMA referral window closes, contact Burger Huyser Attorneys’ head office in Linden, Randburg on 011 888 0246 (after-hours 061 516 6878) or visit 49 First Avenue, Linden, Randburg, 2194 (open Monday to Friday, 7:30am to 4:30pm). The firm handles unfair dismissal matters through its general litigation and dispute-resolution practice, with labour law specialist consultant Marius Ferreira supporting casework, and takes instructions across all Gauteng branches — Sandton (011 253 3080), Bedfordview (011 201 7190), Roodepoort (011 668 0030), Pretoria/Menlyn (012 471 5700), Centurion (012 644 4990), Alberton (011 439 3990), and Midrand (010 022 4082). Initial consultations are booked through the head office or the most convenient branch; bring your letter of dismissal, employment contract, payslips for the last three months, disciplinary hearing minutes (if any), warning letters, and any prior correspondence with the employer or union. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work alongside its family law, criminal law, and general litigation practices.

Frequently Asked Questions

How much does an unfair dismissal lawyer cost in South Africa?

Fees depend on whether the matter settles at conciliation, proceeds to arbitration, or requires a Labour Court application. Burger Huyser Attorneys quotes on a per-file basis after the initial assessment at the Randburg (Linden) head office (011 888 0246); the firm will give a transparent cost conversation up front rather than a loose pre-engagement estimate, with fees for an unfair dismissal matter typically scaling with how far the file progresses through the CCMA / Labour Court pathway.

How long does an unfair dismissal case take in South Africa?

Conciliation is scheduled within 30 days of referral to the CCMA or the relevant bargaining council; if conciliation fails, the employee receives a certificate of non-resolution and arbitration is typically scheduled within 6–12 weeks. Labour Court matters run longer depending on the roll and whether the matter is opposed.

What compensation can I get for unfair dismissal?

Up to 12 months’ remuneration for an ordinary unfair dismissal (procedural or substantive unfairness), and up to 24 months’ remuneration for an automatically unfair dismissal under section 187 of the LRA. The CCMA cannot arbitrate automatically unfair disputes unless both parties consent in writing; otherwise the matter is referred to the Labour Court.

Do I need a lawyer for the CCMA?

No — anyone can register a dispute at the CCMA and there is no fee to do so. However, conciliation is the moment most unfair dismissal matters settle, and representation materially affects the value of that settlement. Legal representation is particularly important for automatically unfair dismissals (24-month cap, Labour Court route), constructive dismissal claims, and any matter where the employer has legal representation.

What if I missed the 30-day CCMA deadline?

Late referrals are generally dismissed, but the CCMA or Labour Court can grant condonation if you show a reasonable explanation for the delay, a reasonable prospect of success, and no undue prejudice to the employer. Condonation is a discretionary application — get legal advice quickly if the 30-day window has already lapsed.

Can I be reinstated to my job after an unfair dismissal?

Reinstatement (same job, no break in service) or re-employment (different but comparable role) is the primary remedy under the LRA. Compensation is awarded where reinstatement is not practicable, the relationship has broken down irretrievably, or the employee does not want to return. Most unfair dismissal matters settle at conciliation with a compensation payment rather than returning to work.

Where is Burger Huyser’s nearest branch for an unfair dismissal matter?

The head office is at 49 First Avenue, Linden, Randburg, 2194 (011 888 0246), open Monday to Friday 7:30am to 4:30pm, with an after-hours line on 061 516 6878. The firm also has branches in Sandton (011 253 3080), Bedfordview (011 201 7190), Roodepoort (011 668 0030), Pretoria/Menlyn (012 471 5700), Centurion (012 644 4990), Alberton (011 439 3990), and Midrand (010 022 4082). Labour law files are run through the firm’s general litigation and dispute-resolution practice, with labour law specialist consultant Marius Ferreira supporting casework.