Dismissed? You have 30 days to act — here is what to do

If you have been dismissed and believe the dismissal was unfair, the single most important fact to know is this: you have 30 days from the date of dismissal to refer the dispute to the CCMA (or to the relevant bargaining council if one has jurisdiction over your industry).

What counts as an unfair dismissal?

A dismissal can be unfair for two distinct reasons:

• Substantively unfair — there was no fair reason for the dismissal. The misconduct did not happen, the sanction was disproportionate, or the retrenchment was not genuinely necessary.
• Procedurally unfair — the employer did not follow a fair process. No hearing was held, you were not given a chance to respond, or the retrenchment consultation was defective.

A dismissal can be unfair on either ground, or both.

What to do in the first week

1. Get the dismissal in writing. Ask for the reason for dismissal in writing — you are entitled to it.
2. Gather your documents. Contract, payslips, disciplinary charge sheet, hearing notes, warnings and any correspondence.
3. Do not sign anything under pressure. A settlement or “mutual separation” signed in haste can extinguish your claim.
4. Get advice early. The strength of a case is usually determined by what happens in the first days, not at arbitration months later.

What happens after referral?

The CCMA will first attempt conciliation — an informal, off-the-record attempt to settle. If that fails, the matter proceeds to arbitration, where a commissioner hears evidence and makes a binding award. Remedies include reinstatement, re-employment, or compensation of up to 12 months’ remuneration (24 months for automatically unfair dismissals).

Missed the 30 days?

All is not necessarily lost — you can apply for condonation, explaining the delay. But condonation is never guaranteed, and the longer the delay, the harder it becomes. Act immediately.

Clifford Levin Attorneys has represented employees and employers at the CCMA, bargaining councils, the Labour Court and the Labour Appeal Court for three decades. Contact us to discuss your matter.