Best Wrongful Termination Lawyers in Johannesburg

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JMD ATTORNEYS
Johannesburg, South Africa

Founded in 2012
10 people in their team
Afrikaans
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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Snaid & Morris inc
Johannesburg, South Africa

Founded in 2021
4 people in their team
English
We are a specialist legal firm based in Morningside Sandton. Our areas of expertise cover UK emigration and investment law, Insolvency Law, Litigation, Family Law, Mergers and acquisitions, contract law and debt collection. We also has a specialized labor law department which handles all matters...
Mukwani Attorneys
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
Macgregor Erasmus Attorneys
Johannesburg, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
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...
CEBO MATHENJWA INCORPORATED
Johannesburg, South Africa

Founded in 2021
English
Established in 2021, CEBO MATHENJWA INCORPORATED is a South African law firm dedicated to delivering professional and innovative legal solutions to a diverse clientele, including individuals, businesses, government departments, municipalities, and parastatals. The firm's mission emphasizes...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON – NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
Ndungu Attorneys Inc
Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Ndungu Attorneys Inc is a boutique law firm situated in Johannesburg, close to the South Gauteng High Court (Johannesburg High Court) and various Magistrates’ Courts such as Jeppe, Hillbrow and Westgate.We have a rich and diverse history with our founder Kimani Ndung’u having worked or...
Joubert Galpin Searle
Johannesburg, South Africa

Founded in 1928
English
Established in 1928, Joubert Galpin Searle has built a reputation as a leading law firm in the Eastern Cape, South Africa. With nearly a century of experience, the firm offers comprehensive legal services across various sectors, including commercial law, conveyancing, employment law, estate...
Boqwana Burns
Johannesburg, South Africa

Founded in 2012
English
Boqwana Burns is a boutique legal, corporate, and commercial advisory firm with a national presence in South Africa, operating offices in Johannesburg, Port Elizabeth, King Williams Town, and Plettenberg Bay. The firm is distinguished by its team of prominent, experienced, and well-established...
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About Wrongful Termination Law in Johannesburg, South Africa

Wrongful termination refers to the unfair dismissal of an employee in violation of the terms of their contract or employment law. In Johannesburg, South Africa, wrongful termination is a significant concern as it pertains to the protection of employees' rights. The Labour Relations Act 66 of 1995 is the principal legislation that governs employment relationships and aims to promote fairness and democracy in the workplace. This act outlines unfair dismissal criteria, thus providing a framework for resolving employment disputes and ensuring that decisions to terminate employment are just and reasonable.

Why You May Need a Lawyer

Employment relationships can be complex and disputes can arise from various situations. Seeking legal advice may be necessary when:

  • An employee is unjustly dismissed or forced to resign due to employer conduct.
  • The termination appears to be based on discrimination, such as race, gender, religion, etc.
  • There are allegations of breach of employment contract terms.
  • The dismissal procedure did not align with the guidelines provided by the Labour Relations Act.
  • An employer fails to provide valid reasons or follow due process in terminating employment.

Local Laws Overview

The Labour Relations Act plays a central role in wrongful termination cases. Key provisions include:

  • Substantive Fairness: The employer must have a valid reason for termination such as misconduct, incapacity, or operational requirements.
  • Procedural Fairness: Before dismissal, the employee should be informed of the reasons and afforded a fair opportunity to respond and defend themselves.
  • Unfair Discrimination: The Employment Equity Act prohibits discrimination on grounds such as race, gender, sexual orientation, etc.
  • Dismissal Disputes Resolution: Wrongful termination cases can be addressed through the Commission for Conciliation, Mediation, and Arbitration (CCMA), Labour Court, or Labour Appeal Court.

Frequently Asked Questions

What constitutes wrongful termination in Johannesburg?

Wrongful termination includes dismissal without proper cause or without following the proper procedures, as outlined in the Labour Relations Act.

What is the process to dispute a wrongful termination?

Initially, an employee can refer the dispute to the CCMA for conciliation. If unresolved, it may escalate to arbitration or be referred to the Labour Court.

How long do I have to file a complaint after being wrongfully terminated?

In general, complaints must be filed within 30 days of the termination incident. Prompt action is essential to meet deadlines for dispute resolution processes.

Can I claim compensation for wrongful termination?

Yes, if the termination is deemed unfair, the employee may be entitled to compensation, which could include lost wages or reinstatement.

What should I do if I'm being forced to resign?

If you feel compelled to resign due to hostile working conditions, seek legal advice immediately as this may constitute a constructive dismissal.

When is a dismissal deemed automatically unfair?

Dismissals based on race, pregnancy, age, or participation in union activities, among other reasons, are automatically deemed unfair under local law.

Can I represent myself in a wrongful termination case?

While possible, it is advisable to have legal representation to navigate the complexities of employment law effectively.

How does the CCMA handle wrongful termination cases?

The CCMA offers a step-by-step process starting with conciliation, aiming for settlement. If unresolved, the case can move to arbitration.

Are there any exceptions to wrongful termination claims?

Employees engaged in illegal activities or with clear misconduct may have limited grounds for claiming wrongful termination.

How important is documentation in a wrongful termination case?

Documentation such as employment contracts, performance reviews, and correspondences are crucial in substantiating claims and defenses.

Additional Resources

Individuals dealing with wrongful termination may find the following resources helpful:

  • Commission for Conciliation, Mediation, and Arbitration (CCMA): A key body for resolving labor disputes.
  • Department of Employment and Labour: Provides information and services relating to employment and workplace rights.
  • Legal Aid South Africa: Offers legal advice and services to those who cannot afford private representation.
  • South African Labour Guide: Provides comprehensive information on labor laws and employee rights.

Next Steps

If you believe you have been wrongfully terminated, consider taking the following steps:

  • Gather and review all relevant documentation, including your employment contract and any correspondence relating to the termination.
  • Seek legal advice from a lawyer specializing in employment law to understand your rights and the best course of action.
  • Contact the CCMA or the Department of Employment and Labour for further guidance on dispute resolution.
  • Be prepared to engage in conciliation, mediation, or potentially pursue your case through the Labour Court if necessary.
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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.