What to Do If You Are Dismissed

You were told you are dismissed, maybe in a meeting, maybe in a message, maybe with no warning at all. It can feel like the ground has gone from under you. Before anything else, know that there are rights that protect you, and one short deadline that matters a lot.

What is happening

Under the Labour Relations Act 66 of 1995, most employees have the right not to be unfairly dismissed. A dismissal is fair only if there is a fair reason and a fair procedure.

The law recognises three broad fair reasons: misconduct, incapacity (such as poor work performance or long-term ill health), and the employer's operational requirements (retrenchment). Each has its own fair process. For misconduct, you would normally expect to be told the allegations and given a chance to respond before the decision.

Some dismissals are automatically unfair, whatever the process. Examples include dismissing someone for being pregnant, for joining a union, for refusing to do the work of striking colleagues, for making a protected disclosure (whistleblowing), or for unfair discrimination such as race, gender, religion or HIV status.

If you believe your dismissal was unfair, you can refer a dispute to the CCMA, or to your bargaining council if your sector has one. You usually must do this within 30 days of the dismissal. If you are late, you have to ask for condonation and explain why, and it is not automatic. Resigning because your employer made work unbearable may also count as a dismissal, called constructive dismissal, but that is harder to prove.

When your job ends, your employer should pay what you are owed, including your final salary, any notice pay, and payment for leave you have built up but not taken. You should also receive a certificate of service and the UIF documents you need to claim.

Is this you?

• You were dismissed in the past few weeks.
• You were not told why, or the reason seems unfair.
• There was no hearing, or you were not allowed to give your side.
• Colleagues who did the same thing kept their jobs.
• You think the real reason was pregnancy, union activity, illness or discrimination.
• You have not received your final pay or UIF documents.

30-second self-check

Answer yes or no to each question.

• Were you dismissed without a hearing or chance to respond?
• Is the reason given unclear, or different from what you were told before?
• Have more than two weeks passed since your dismissal?
• Is money owed to you, such as leave pay or notice pay?
• Do you think the dismissal is linked to discrimination, pregnancy or union membership?
• Are you unsure where to refer a dispute?

0-1 yes: Your situation may be clearer. Still collect your documents and check your final pay.
2-3 yes: You may have grounds to challenge the dismissal. Get advice and consider referring a dispute soon.
4 or more yes: Act now. Refer your dispute before the 30-day window closes and get advice at the same time.

What you can do next

• Today: Write down the date of dismissal, who told you, what was said and the reason given. Keep the dismissal letter, payslips, contract and messages.
• This week: Ask your employer in writing for the reasons, your final pay calculation, a certificate of service and your UIF form (UI-19). Get advice from your union, a labour attorney or a free service.
• This month: If you believe it was unfair, refer a dispute to the CCMA or bargaining council within 30 days. Apply for UIF benefits as soon as you can.
• Do not sign a settlement or "full and final" agreement until you understand what rights you give up.
• Start a simple budget for the coming months and talk to your family early.
• Losing a job hits confidence and sleep. It helps to talk.

Your tool

Employment Dispute Check - asks about your dismissal date, reason and process, and shows which deadlines may apply and where to refer your case.

When to get professional help

Get help straight away if you are unsure whether the dismissal was fair, if money is owed to you, or if you are close to the 30-day deadline. Advice is especially important if you are offered a settlement.
Who can help: your trade union, a labour attorney, Legal Aid South Africa, the CCMA, a career coach, a counsellor

Getting help in South Africa

• CCMA (ccma.org.za): resolves dismissal disputes without charge. You can refer a case online or at a CCMA office.
• Bargaining councils: if your sector has one, your dispute may need to go there instead of the CCMA.
• Department of Employment and Labour (labour.gov.za): for UIF claims and complaints about unpaid money.
• Legal Aid South Africa (legal-aid.co.za): may assist with labour matters if you qualify.
• Cleared Mind 24-hour Careline 0800 212 146: support for the stress of job loss.