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Wrongful Termination, or Unfair Dismissal as it's referred to in South Africa, is a situation where an employee is dismissed from their job in a manner that breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. In Port Elizabeth, the laws surrounding wrongful termination are the same as the rest of South Africa, and are primarily governed by the Labour Relations Act (LRA). This Act aims to promote economic development, social justice, labor peace, and democracy in the workplace.
You may require legal assistance in instances where you believe you've been unjustly dismissed from your employment without valid reason, or due process was not observed. You may also need a lawyer if you're technically still employed but you're being treated so poorly that you feel you have no choice but to quit. Lawyers specializing in employment law can provide guidance on your rights and how to pursue a case against your employer if you've been unfairly dismissed.
The Local Labour Relations Act in South Africa notes that a dismissal is unfair if it isn't related to employee’s conduct or capacity, or if it is not based on the employer’s operational demands. Wrongful termination cases mostly depend on whether or not the termination was effected procedurally and substantively fair in line with the Code of Good Practice: Dismissal. Procedural fairness requires employers to issue written notice, conduct a hearing before dismissal, and give the employee the opportunity to appeal. Substantive fairness is when there is a good reason for dismissal such as poor work performance, misconduct, or the employer's operational requirements.
According to the basic conditions of employment in South Africa, an employer cannot fire you without a warning or without following due process- this would classify as an unfair Dismissal.
If you've been wrongfully terminated, it is important to consult an employment lawyer or contact the CCMA (Commission for Conciliation, Mediation, and Arbitration) within 30 days of your dismissal.
If the termination of an employment contract was unlawful or unfair, it is considered wrongful termination. This could be as a result of discrimination, retaliation, refusal to commit illegal acts, whistle-blowing, or not following fair procedures in dismissal.
If successful, you could either be reinstated, re-employed, or you may potentially receive some form of monetary compensation.
While South Africa's laws do not typically allow for compensation due to emotional distress, in some rare cases there may be exceptions depending on the circumstances.
You can reach out to South Africa's Department of Labour for informational resources and guidance. Other organizations that may help include CCMA and worker unions. Legal aid centers and clinics also provide help to those who can’t afford a lawyer. Law societies in your area can provide lawyer referrals.
If you have been wrongfully terminated, it’s important to act quickly. Keep all documentation and records relating to your job and termination. Seek legal advice to help you understand your rights and possible steps. You may also wish to lodge a complaint with the relevant South Africa Labour Court or the CCMA.
