Unfair Dismissal: Your Rights and the CCMA Process
Fired without a good reason? Understand the difference between substantive and procedural fairness and how to refer a dispute to the CCMA.
Was Your Dismissal Fair?
In South African law, a dismissal must satisfy two requirements to be fair:
- Substantive Fairness: There must be a valid reason (Misconduct, Incapacity, or Operational Requirements).
- Procedural Fairness: A fair procedure must be followed (e.g., a disciplinary hearing with notice).
Common Types of Unfair Dismissal
- No Hearing: Being fired on the spot without a chance to state your case.
- Constructive Dismissal: Being forced to resign because the employer made the working environment intolerable.
- Inconsistent Discipline: Being fired for an offense that others were only given a warning for.
How to Refer a Case to the CCMA
If you believe you were unfairly dismissed, you have 30 days from the date of dismissal to refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).
Step 1: Complete Form 7.11
Download the LRA Form 7.11 from the CCMA website. Fill in your details and the employer's details.
Step 2: Serve the Employer
You must send a copy of the form to your employer (via email, fax, or hand delivery) and get proof of service.
Step 3: Submit to CCMA
Email the form and proof of service to the CCMA regional office.
What Happens Next?
Conciliation: A commissioner will try to help you and your employer reach a settlement. No lawyers are allowed at this stage usually.
Arbitration: If conciliation fails, you can request arbitration (Form 7.13). This is a mini-trial where evidence is led, and the commissioner makes a binding decision (award).