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Wrongful termination occurs when an employee is dismissed from their job illegally or without fair reason, contrary to the employment contract or South African labour laws. In Onrus, as in the rest of South Africa, workers are protected by the Labour Relations Act, which sets stringent requirements for lawful dismissal and fair labour practices. Whether working for a small business or a larger employer, any dismissal that is unfair, discriminatory, or not following correct procedures may be considered wrongful termination.
There are various situations where seeking legal assistance is vital after experiencing or suspecting wrongful termination. Some common reasons people in Onrus contact a legal professional include:
A knowledgeable lawyer can help review your case, explain your rights, represent you in legal proceedings, and negotiate settlements or mediations with your employer.
In Onrus, wrongful termination is governed primarily by South Africa's Labour Relations Act 66 of 1995 (LRA). The law recognizes several grounds that can make a dismissal wrongful or unfair:
Wrongful termination cases in South Africa are usually dealt with through the Commission for Conciliation, Mediation, and Arbitration (CCMA). Local courts may get involved in more complex claims or appeals.
Wrongful termination refers to any dismissal that occurs without following due process as set out in the Labour Relations Act, or for reasons that are illegal, such as discrimination, retaliation for whistle-blowing, or other protected grounds.
Keep detailed records of communications and events leading up to your dismissal, request reasons for your termination in writing, and contact the CCMA or seek legal advice promptly, as strict deadlines apply.
You typically have 30 days from the date of dismissal to refer your case to the CCMA or an applicable bargaining council.
Generally, employers are required to hold a fair hearing before dismissing an employee, except in exceptional cases (for example, some cases of summary dismissal for gross misconduct).
Severance pay is only required in cases of retrenchment or operational requirements, and not for dismissals due to misconduct or incapacity.
You may be entitled to reinstatement, re-employment, or financial compensation (up to a maximum of 12 months’ salary; in some cases up to 24 months for automatically unfair dismissals).
If your fixed-term contract ended and was not renewed, this is generally not wrongful unless there was an expectation of renewal created by repeated renewals or employer promises.
No, dismissing an employee for refusing unsafe work is automatically unfair and protected under the law.
Yes, temporary, part-time, and fixed-term employees are protected against wrongful dismissal just as permanent staff are, provided they're employed by the organization and not as independent contractors.
The CCMA will proceed with the case even if the employer does not respond, and may make a default ruling in your favour if appropriate.
If you suspect you have been wrongfully terminated or simply want more information, these resources and organizations can provide assistance:
If you believe you have been wrongfully terminated in Onrus, follow these steps:
Acting quickly is crucial, as deadlines for labour disputes are strictly enforced in South Africa. Legal professionals can help you navigate the process, protect your rights, and improve your chances of a fair outcome.
