If an employee is suddenly dismissed, whether due to alleged misconduct or poor performance, shock and humiliation can be paralyzing. Many workers simply pack up and leave, assuming the termination letter is the final word.
However, the situation is not always like that in South Africa. According to the Labour Relations Act (LRA), employees have the right to protection against unfair dismissal. If an employee believes the dismissal was unfair in terms of procedure (how it was conducted) or substance (the reason for dismissal), the law provides for the possibility of challenging this decision.
30-Day Deadline
There is one critically important deadline after dismissal. In most cases of unfair dismissal, the worker has 30 days from the date of dismissal or the date of the employer's final decision or confirmation of dismissal to lodge a dispute with the Commission for Conciliation, Mediation and Arbitration (CCMA) or the relevant trade union council.
A common mistake made by workers is counting only working days. This 30-day period is calculated using calendar days, including weekends and public holidays. If this deadline is missed, an application for condonation must be submitted, requesting permission for late submission, although such condonation is not guaranteed.
Step 1: Securing Documentation
Before leaving the workplace, you should request copies of disciplinary hearing minutes, the termination letter, and the final payslip. You must also gather any emails, WhatsApp messages, or witness data that may support the employee's case.
If you are asked to sign an acknowledgment of receipt of the termination letter, you can note that you acknowledge receipt but do not agree with the content. For example, next to your signature, you can write: 'Received, content disputed.'
Step 2: Lodging a Dispute Using Form LRA 7.11
To challenge a dismissal through the CCMA, it is usually required to complete Form LRA 7.11, which is available on the CCMA website or at its offices. This form requires stating the employee's personal details, employer information, and the reasons why the employee considers their dismissal unfair.
The completed form must be served on the former employer using an acceptable method, such as email, registered mail, or personal delivery. The form must then be submitted to the CCMA with proof of service to the employer.
Step 3: Conciliation and Arbitration
After the dispute is registered, the CCMA will organize a conciliation hearing. Conciliation is a process where the commissioner helps both parties attempt to reach an agreement, which may include financial compensation or reinstatement.
If the parties cannot reach an agreement, the commissioner typically issues a certificate confirming that the dispute remains unresolved. Depending on the nature of the dispute, the employee may request arbitration or refer the matter to the Labour Court.
At arbitration, both parties can present evidence, call witnesses, and subject them to cross-examination. The commissioner then makes a legally binding decision, which can be appealed according to applicable legal procedures.
Receiving a termination letter can be very difficult, especially if the deadline is missed or a procedural error is made, which can affect the case. However, the employee does not have to go through this process alone. The law firm Legal Leaders provides specialized legal support to employees facing labour disputes, helping them understand their rights and available steps to challenge dismissal.
Losing a job does not mean automatically losing the right to fair treatment. The CCMA provides a mechanism for resolving such labour disputes. It is necessary to act promptly, understand the deadlines, and take the necessary steps to protect one's rights.