Wrongfully Dismissed? Here’s What You Should Do

Losing your job unfairly can be a shock, but South African labour law protects employees from unfair dismissal.

If you believe you were wrongfully dismissed, here’s what you need to know:

1. Know What Qualifies as Unfair Dismissal

   A dismissal may be unfair if:

   • You weren’t given a fair hearing or warning

   • You were dismissed for exercising your rights (like joining a union)

   • You were let go for reasons such as race, gender, or illness (discrimination)

     
     

2. Act Quickly – You Have 30 Days

   You must refer your dispute to the CCMA (Commission for Conciliation, Mediation and Arbitration) within 30 days of the dismissal. Don’t delay — missing the deadline can weaken your case.

   
   

3. Gather Your Evidence

   Collect any documents, emails, or messages that show:

   • Your employment status

   • Circumstances of the dismissal

   • Lack of fair process or hearing

     
     

4. Attend Conciliation

   The CCMA will schedule a conciliation meeting to try to resolve the issue. If it fails, you may proceed to arbitration or the Labour Court, depending on the case.

   
   

5. Get Legal Help

   While the CCMA process is designed to be accessible, having legal support ensures your rights are fully protected, especially in complex or high-stakes cases.

   
   

Tip: Never sign a resignation or settlement agreement under pressure. Always consult a legal professional first.

At Tsiri Washington Chambers, we fight for workers’ rights. If you’ve been unfairly dismissed, let us help you get justice.