Louw & Heyl Attorneys: How to Handle Unfair Dismissals in the Workplace

In the South African workplace, employment relationships are protected by labour laws that aim to ensure fairness, transparency, and dignity for all parties involved. Yet, disputes still arise, particularly around dismissals, which can be emotionally and financially devastating if not handled correctly. Whether you’re an employee who feels you’ve been treated unjustly, or an employer trying to follow due process, understanding the legal landscape of unfair dismissal is critical. At Louw & Heyl Attorneys, we help both employers and employees protect their rights, resolve disputes, and avoid costly mistakes. Here’s what you need to know to navigate these types of situations.

What Is an Unfair Dismissal?

In South African law, as defined under the Labour Relations Act (LRA), a dismissal is considered unfair when:

• There was no valid or fair reason for the dismissal,

• The employer did not follow the correct procedure, or

• The dismissal was based on discrimination, retaliation, or other prohibited grounds (such as pregnancy, union activity, race, or illness).

There are three main types of unfair dismissal:

1. Automatically Unfair Dismissals: These include dismissals for reasons such as participating in a legal strike, whistleblowing, or discrimination.

2. Substantively Unfair Dismissals: The employer doesn’t have a fair reason to dismiss  an employee (e.g. poor performance was not proven).

3. Procedurally Unfair Dismissals: This is where a valid reason existed, but the process followed was flawed or non-existent.

For Employees: What to Do If You’ve Been Unfairly Dismissed

1. Stay Calm, Gather Evidence

Document what happened, including:

• Correspondence (emails, warnings, SMSs)

• Witness accounts

• Details of meetings or performance reviews

2. Know the Time Limits

You must refer a dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) within 30 days of your dismissal.

3. Seek Legal Advice

When facing an unfair dismissal, having the right legal team on your side can make all the difference. Louw & Heyl Attorneys are specialists in employment law and bring both experience and compassion to every case. We don’t just offer advice – we advocate for your rights, help you understand your options, and guide you through each step of the process. While the CCMA is accessible to the public, navigating it with expert support can significantly improve your chances of a fair and favourable outcome, particularly in more complex or emotionally-charged situations.

4. Attend Conciliation and Arbitration

If conciliation fails, the dispute proceeds to arbitration, where a binding decision will be made. With our in-depth knowledge of labour law and a proven track record in arbitration matters, we take the pressure off by meticulously preparing your case, ensuring every detail is presented with clarity and professionalism. Our strategic approach and strong advocacy can make all the difference in securing a just outcome.

For Employers: How to Dismiss Fairly and Stay Compliant

1. Follow Substantive and Procedural Fairness

• Substantive fairness means having a valid reason e.g. misconduct, incapacity, or operational requirements.

• Procedural fairness means following a fair and transparent process, including ensuring that an employee has adequate notice of allegations, a chance to respond, and a fair hearing before any disciplinary action, including dismissal, is taken.

2. Keep Detailed Records

Document all warnings, performance reviews, and communication. Paper trails protect your company and prove that you acted fairly.

3. Don’t Skip the Hearing

Even in cases of gross misconduct, a hearing (formal or informal) must be held. Failure to do so can lead to a procedurally unfair dismissal.

4. Consult Labour Law Experts Who Understand the Stakes

Every dismissal case is different, and the consequences of mishandling it can be costly. Louw & Heyl Attorneys are trusted experts in labour law, and we offer end-to-end support – from drafting watertight disciplinary policies to conducting fair hearings and representing you confidently at the CCMA. Our proactive legal guidance not only protects your rights but also helps you avoid unnecessary financial penalties and reputational harm.

Why Choose Louw & Heyl Attorneys?

We are a firm deeply rooted in South African labour law and committed to helping both employers and employees navigate workplace disputes with clarity and fairness. Whether you're protecting your rights as a worker or managing risk as an employer, we offer:

• Practical, strategic legal advice

• Representation at the CCMA and Labour Court

• Drafting of employment contracts, disciplinary codes, and procedures

• Mediation and dispute resolution services

Louw & Heyl Attorneys: Trusted Guidance When You Need It Most

Dismissals are sensitive and serious. They can impact livelihoods, business continuity, and workplace morale. Knowing your rights – and responsibilities – is the first step to handling them correctly. Let Louw & Heyl Attorneys guide you through the process with legal expertise you can trust. Contact us today for advice, support, or representation regarding any unfair dismissal or labour-related matter.