What are automatically unfair grounds for dismissal?

• exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
• taking part in lawful union activities.
• taking part in a legal strike or other industrial action or protest action.

• Reinstatement, which is arguably the primary remedy for unfair dismissal. ...
• Damages in lieu of reinstatement is a remedy available to an employee whose employer does not want to re-employ the unfairly dismissed employee. ...
• Back pay.

What are the 5 fair reasons for dismissal?

Is Victimisation automatic unfair dismissal?

Victimisation on the grounds of race or gender is unlawful, any dismissal where the employee has been victimised in this way will be automatically unfair.

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.

What percentage of unfair dismissal cases won?

80% of Unfair Dismissal cases are won by employees, such as you, because the employer has not followed fair procedures.

What steps can an employee take if unfairly dismissed?

If a dismissal is determined to be unfair, the employee may be reinstated, re-employed, or receive financial compensation. The dismissed employee is likely to receive compensation if: The employee does not wish to be reinstated.

On what grounds can you dismiss an employee?

On what grounds can an employee be terminated?

India's labor laws cite the following reasons that justify termination for cause—willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer's goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; ...

What are the three grounds for dismissal?

Who can claim automatically unfair dismissal?

The general rule is that only employees who have been employed continuously for two years or more can bring a claim of unfair dismissal.

What falls under unfair dismissal?

Unfair dismissal is the termination of employment without good cause or a fair procedure or both. The principle of “fairness” is unique to labour law. It's not applied in other areas of law such in the laws of contract, property, finance, etc. They apply the principle of “lawfulness”.

Who handles automatically unfair dismissals?

An automatically unfair dismissal must be referred to the Labour Court for adjudication and may lead to compensation of up to 24 months' remuneration.

Do most employers settle before tribunal?

We often find that in order to force the parties to reach settlement issuing a claim in the Employment Tribunal is a good move. However, around 95% of cases settle before the full hearing at an Employment Tribunal.

Is it difficult to prove unfair dismissal?

Constructive dismissal is an exceptionally difficult area of law to prove beyond question, relying on a good deal of substantive evidence to support a claim.

What is the average payout for unfair dismissal?

BASIC AWARD

One and a half weeks' pay for each year of employment after age 41; One week's pay for each year of employment between ages 22 and 40; Half a week's pay for each year of employment under the age of 22.

What is procedurally unfair?

Employers often find themselves having to pay out money in compensation at the CCMA because of procedural unfairness. This is usually brought about by a failure on the part of the employer to follow fair procedure, or a failure by the employer to follow his own disciplinary procedure.

Can you get dismissed without a warning?

An employer can dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.

What is automatic dismissal?

This means that if an employer dismisses an employee because of his/her membership or affiliation to a trade union or involvement in union activities, it may amount to an automatically unfair dismissal.

What are examples of constructive dismissal?

What reasons can an employer dismiss you?

What are examples of gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.