The below articles are only basic guidelines. Please contact Scorpion Legal Protection for more information.
What is dismissal and how does it work?
According to the Featured Lawyer, Sharusha Moodley, Dismissal refers to an employer ending an employee's contract of employment. This is commonly known as "getting fired" or "being let go".
There are several permissible grounds on which an employer can dismiss you. These grounds are divided into three categories:
An employer may not dismiss you on grounds of your religion, when you are pregnant, take part in a legal strike or do what is known as whistle blowing. This is known as an Automatic Unfair Dismissal. For more information on Automatically Unfair Dismissals, please contact Scorpion Legal Protection.
Constructive Dismissal is when your employer makes your life unbearable at work and leaves you with no other choice than to resign. It is however important to remember that not all resignations are seen as Constructive Dismissals and that you must follow the correct procedure if you want to claim your resignation as a Constructive Dismissal.
To learn more about dismissal, watch the video interview with Sharusha Moodley and if you think you can claim Constructive Dismissal, make sure that you call Scorpion Legal Protection before you hand in your resignation!
Did you know?
In the case of an unfair dismissal, the matter must be referred to the CCMA or the Bargaining Council within 30 days of the date of the dismissal.
An employer cannot dismiss you for refusing to take a lie detector test.
It is always advisable for an employee to try and sort out problems with the employer or union, before referring the matter to the Department of Labour, Bargaining Council, or CCMA.
Note: This is a very basic outline; please contact Scorpion Legal Protection for more details on this particular topic.