Automatically unfair dismissals
The LRA in
section 187 list a number of grounds on which a dismissal would be automatically unfair:
- Participating or supporting a strike
- Refusing to do the work of an employee who is on strike or has been locked out;
- Exercising any rights in terms of the LRA;
- Compelling an
employee to accept an employer’s demand on a mutual interest matter;
- Pregnancy
- Any form of unfair discrimination
- A transfer
or a reason related to transfer contemplated in section 197 / 197A of LRA;
- Contravention of the Protected Disclosures Act 36 of
2000
Please contact us today should you be of the opinion that your dismissal may relate to any one of the above.
You might be entitled to up to 24
months compensation. The dispute must be referred first to the CCMA or relevant bargaining council and will then be referred to the Labour Court for further adjudication
should the dispute not be settled at the conciliation stage.
For Further Information, Please See:
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