Best Wrongful Termination Lawyers in Durban

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Derik Jaftha Attorney's

Derik Jaftha Attorney's

Durban, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
WHY CHOOSE US?COMMITMENTWe provide legal services with speed, accuracy and accountability. We give clients legal advice that provides risk assessment and prospects of success in order to protect their interests.We are transparent and provide clients with regular updates on the case progress and...
SPHAMANDLA MTHETHWA ATTORNEYS

SPHAMANDLA MTHETHWA ATTORNEYS

Durban, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
The BeginningSPHAMANDLA MTHETHWA ATTORNEYS is a law firm in Durban it was founded by Siphamandla Mthethwa. Mr S Mthethwa completed his Bachelor of Laws at University of Zulu Land. He then started working at a reputable attorney’s firm in Durban as Candidate Attorney at Sthembiso Mbhele...
HARILALL NAIK PETERS ATTORNEYS

HARILALL NAIK PETERS ATTORNEYS

Durban, South Africa

English
Harilall Naik Peters Attorneys, located in Ballito, South Africa, offers comprehensive legal services across various practice areas, including Criminal Law, Labour Law, Family Law, Commercial Law, Corporate Law, Tax Law, and Property Law. The firm is led by Directors Nikhil Harilall and Suvania...
Ash Naidoo Attorneys

Ash Naidoo Attorneys

Durban, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
ASH NAIDOO ATTORNEYSis a law firm situated at the heart of the Central Business District in Durban and further boasts offices in Central Business District of Verulam. Such firm has been established in June 2017 and is led by Ashlyn Naidoo. Mr Naidoo possesses knowledge in all fields of law and with...
Legal Leaders | Moolla Attorneys Inc

Legal Leaders | Moolla Attorneys Inc

Durban, South Africa

English
A professional law firm offering expert legal services.
Rajaram Mvulane Attorneys

Rajaram Mvulane Attorneys

Durban, South Africa

Founded in 2019
10 people in their team
Afrikaans
English
We pride ourselves on being a professional, confident and strong women empowered firm. To provide quality legal assistance to all persons with honesty and integrity, and to assist in enhancing the rule of law.Rajaram Mvulane Attorneys aims to provide ethical and friendly customer service in the...
Macgregor Erasmus Attorneys

Macgregor Erasmus Attorneys

Durban, South Africa

Founded in 2007
50 people in their team
English
Afrikaans
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
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About Wrongful Termination Law in Durban, South Africa

Wrongful termination, also known as unfair dismissal, in Durban, South Africa, is regulated by the country's Labour Relations Act (LRA). This law protects employees from dismissals that are unfair, unprocedural, or discriminatory in nature. For a dismissal to be fair, it must be for a valid reason concerning the employee's conduct, capacity, or based on the operational requirements of the business.

Why You May Need a Lawyer

While facing a potential wrongful termination, you may need legal guidance to understand your rights, establish if the termination was indeed unfair, and navigate through the complex procedures of labour dispute resolution. A lawyer is also crucial in negotiating severance packages, reinstatement or claiming for compensation for an unfair dismissal.

Local Laws Overview

The Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA), and the Employment Equity Act (EEA) are key legislations related to wrongful terminations. The LRA defines a fair dismissal, and provides the mechanisms for dispute resolution through the Commission for Conciliation Mediation and Arbitration (CCMA). The BCEA sets the maximum notice periods for contract terminations, and the EEA guards against dismissals based on discrimination. Employees who believe they have been wrongfully terminated can lodge a dispute through CCMA within 30 days of the date of the dismissal.

Frequently Asked Questions

What constitutes wrongful termination?

Wrongful termination is when an employee is dismissed without a fair reason, or without following the proper procedures as outlined in the LRA. This can include dismissals based on discrimination, retaliation or whistleblowing.

What can I do if I believe I've been wrongfully terminated?

If you believe you've been wrongfully terminated, you can file a dispute with the CCMA within 30 days of your dismissal date. Providing evidence such as emails, witness testimonies, can strengthen your case.

What are the possible remedies for wrongful termination?

The remedies for wrongful termination can include reinstatement to your job, re-employment in a different job, or financial compensation up to a maximum of 12 months' salary.

Can I get my job back after a wrongful termination?

Yes, in some cases, the CCMA or a labour court may order the employer to reinstate the employee in the same job or a not less favourable position.

What is the role of a lawyer in a wrongful termination case?

A lawyer provides guidance on the complexities of labour laws, helps gather evidence, prepare the case, and represent the employee during negotiations or at the CCMA hearings or labour court.

Additional Resources

The Department of Labour, South Africa, the CCMA and the South African Society for Labour Law (SASLAW) are useful resources for understanding labour laws and getting advice on labour disputes including wrongful termination.

Next Steps

If you believe you have been wrongfully terminated, take immediate action by documenting all relevant information surrounding your dismissal. Seek legal advice as soon as possible. Consult with a labour law specialist to understand the full range of your rights and options. File a dispute with the CCMA within 30 days of the dismissal date, if advised by your lawyer.

Lawzana helps you find the best lawyers and law firms in Durban through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Termination, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Durban, South Africa—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.