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UNFAIR DISMISSALS - STATUTORY

Every employee has the right not to be unfairly dismissed.  Once the existence of the dismissal is established, the employer must prove that the reason for the dismissal is a fair reason and effected in accordance with a fair procedure.  If there is a dispute about the fairness of a dismissal, the aggrieved employee has 30 days to refer the matter to the CCMA or the appropriate Bargaining Council.

Statutory Dismissals:

Statutory forms of dismissal that are open to scrutiny include -

1.        Non-renewal of a fixed term contract.

2.        Termination on the grounds of pregnancy or maternity leave.

3.        Selective non re-employment.

4.        Constructive dismissal (making continued employment intolerable for the employee).  

If you feel that your are subject to the above, we suggest that you immediately seek assistance from a labour expert / attorney.

DISPUTES

Disputes over a statutory dismissal  must be referred immediately to the CCMA/ Bargaining Council.  Should you need assistance, call Labour Protect on 0860 522687 and you will be automatically routed to the nearest labour expert on the network...  

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