You could land up at the CCMA if you don’t know about the seven instances that count as an automatically unfair dismissal

Simangele Mzizi, Fsp Business, 22 Jan. 2015

Tags: dismissal, ccma, automatically unfair dismissal, unfair dismissal, instances of an automatically unfair dismissal


Let’s say you dismiss Sipho simply because he belongs to a union.

Big mistake.

It’s an automatically unfair dismissal. He can take you to the CCMA and win. You’ll have to pay him up to 24 months’ salary.

But this isn’t the only instance of automatically unfair dismissals you need to know about.

Read on to discover seven others so you never dismiss an employee for the wrong reasons, which could land you at the CCMA.



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It’s an automatically unfair dismissal if you fire an employee for these seven reasons
 

In terms of Section 187 of the Labour Relations Act 66 of 1995, you can’t fire an employee because:
 
1. He’s taking part in a protected strike or supports it;
 
2. He doesn’t want to do the work of employees who are on strike;
 
3. He refuses to sign new terms and conditions of employment you didn’t consult him about;
 
4. She’s pregnant or plans to fall pregnant.
 
5. He’s blowing the whistle on some illegal activity you’re performing.
 
That’s not all.
 
6. You can’t fire your employee for reasons that relate to:
 
  • Race;
  • Gender;
  • Sex;
  • Ethnic or social origin;
  • Colour;
  • Sexual orientation;
  • Age;
  • Disability;
  • Religion;
  • Conscience;
  • Belief;
  • Political opinion;
  • Culture;
  • Language;
  • Marital status; and
  • Family responsibility.
 
7. Or for any reason that relates to a transfer of your business as a going concern.
 
Important: As you know the Labour Relations Amendment Act came into effect on 1 January 2015. One of the key changes relates to dismissals. This means there’s an additional reason you can’t use to dismiss your employee – if you use it, it will be an automatically unfair dismissal.
 
Check out fspbusiness.co.za to find out how to book for the Labour Relations Amendment Act Workshop we’ll be holding on 20 February 2015, where our expert will explain more about this change and others so you can avoid CCMA trouble or click here for more information.
 

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