Best Wrongful Termination Lawyers in Johannesburg

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JMD ATTORNEYS

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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Angeléne Swart Attorneys

Johannesburg, South Africa

English
Angeléne Swart Attorneys, located in Port Elizabeth, Eastern Cape, is a distinguished law firm committed to delivering comprehensive legal services with integrity and professionalism. Founded by Angeléne Swart, an attorney and conveyancer admitted to the High Court of South Africa, the firm...
MOLEFE DLEPU INCORPORATED

MOLEFE DLEPU INCORPORATED

Johannesburg, South Africa

Founded in 1995
25 people in their team
Afrikaans
English
Our greatest strengthSince it was founded in 1995 the firm was meant to be a unique space for determined and highly skilled young people aiming to build a career in law. Today our community is a force of excellence, empowerment and progress. Meet our fearless leaders and warriors of the law.OUR...
SD Law

SD Law

Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
Snaid & Morris inc

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...
Ndungu Attorneys Inc

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...
Tabacks

Tabacks

Johannesburg, South Africa

Founded in 2000
200 people in their team
Afrikaans
English
Our storyTabacks was started by Lourens van Staden, Mervyn Taback and Rupert Smith, when they decided to break away from Deneys Reitz (with Elize Serfontein and Catharine Keene also from Deneys Reitz joining them a few months later).The intention was to start a boutique law firm, primarily focused...
Maree & Pace, Mpulo - Attorneys & Conveyancers

Maree & Pace, Mpulo - Attorneys & Conveyancers

Johannesburg, South Africa

English
A professional law firm offering expert legal services.
BDK ATTORNEYS

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...
Bregman Moodley Attorneys Inc

Bregman Moodley Attorneys Inc

Johannesburg, South Africa

Founded in 1974
50 people in their team
Afrikaans
English
Bregman Moodley Attorneys Inc has been chosen as a winner of a 2019 International Advisory Experts Award in the categories Wills & Estate/Divorce Law services in South Africa.Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the...
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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.