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Wrongful termination, also referred to as unfair dismissal, occurs when an employer terminates an employee's contract of employment against the terms of the contract or relevant employment laws. In South Africa, the Basic Conditions of Employment Act, the Labour Relations Act, and other regulations guide employers on correct procedures for terminating an employee's contract. A dismissal is considered unfair if it isn't done according to the due process or requirements set by these laws.
An employment lawyer can be crucial in cases of wrongful termination. If you believe your employment was terminated unlawfully, a lawyer could help you understand your rights and evaluate the merits of your claim. Also, if you have been issued with a notice of termination without fair reasons or procedures, a lawyer can guide you through the grievance procedures and possible legal action. Lastly, legal representation is always beneficial during negotiations, out-of-court settlements, or hearings at the Commission for Conciliation, Mediation, and Arbitration (CCMA) or a Labor Court.
Key aspects of addressing wrongful termination in Sandton are outlined by the Basic Conditions of Employment Act and the Labour Relations Act. These laws stipulate the requirements for fair dismissal, which includes substantive fairness (valid reason for termination) and procedural fairness (correct process followed). The employer bears the burden of proof to validate the fairness of the dismissal. If found guilty of wrongful termination, employers can be ordered to reinstate the employee, re-employ them in a different position, or pay compensation.
Wrongful termination refers to being fired or dismissed from employment without a fair reason or without following proper procedures as outlined in South African Employment laws.
The compensation you can receive largely depends on the specifics of your case. The Labour Court or CCMA could award up to 12 months’ remuneration as compensation for unfair dismissal.
Yes, if an employer is found guilty of wrongful termination, they may be ordered to reinstate you to your former position without loss of benefits or re-employ you in any other reasonable position.
The cost of hiring a wrongful termination lawyer varies based on different criteria such as the complexity of the case, experience of the lawyer, and whether it proceeds to court. Always discuss fees upfront with your attorney.
The duration of a wrongful termination case depends on numerous factors, including whether you're going through the CCMA or taking your dispute to court. Generally, it can take anywhere from a few months to over a year.
For help with wrongful termination issues, you can reach out to the CCMA, the Department of Labour, and professional legal institutions like the South African Society for Labour Law. Some trade unions also provide their members with legal advice and representation in cases of wrongful termination.
If you believe you've been wrongfully dismissed, it would be best first to consult with a labor law attorney to understand your situation. You may then want to consider filing a grievance with your employer or take the matter to the CCMA or Labour Court. Remember to assemble all necessary documentation, such as your employment contract or termination notice, which could be crucial for your case.
