Being dismissed in the workplace in this bad economy can be very stressful, especially when dismissed unfairly. Big corporations sometimes take chances and do not follow proper procedures when it comes to dismissing employees.
The magnitude of your company shouldn’t scare or silence you when you know you have been done wrong.
It is your legal right to stand up for yourself if you find yourself a victim of unfair dismissal, but there are procedures to follow when doing so. Below are steps to take when unfairly dismissed.
Challenge the Dismissal – if you feel that your organisation did not follow the correct procedure before firing you, or if you believe that the dismissal was not warranted, you may rightfully challenge the dismissal through the Commission for Conciliation, Mediation and Arbitration (CCMA). Law firm Higgs Attorneys advises to always seek professional advice when challenging your employer on such a matter.
Refer the Dispute with the CCMA – the next step to take when unfairly dismissed and ready to challenge the ruling is to refer the matter to CCMA where you will have to complete a Labour Relations Act 1995) 9 (LRA)Form 7.11. If one needs to access the form, they are easily accessible via the CCMA website, or their offices adds the law firm.
Know Your Rights – according to the Labour Relations Act these are the reasons that may get you fired:
- Incapacity, when you as an employee cannot fulfil your duties.
- Misconduct such as absence from work without approval, stealing from the company and refusing to follow the employer’s instructions may all lead to dismissal.
- Retrenchment as per the Labour Relation Act retrenchment is considered a fair dismissal. “Retrenchments are based on the operational requirements of the employer, this includes financial constraints.
If the dismissal is found to be unfair by the CCMA, the employee can get compensation if they don’t wish to go back to the company due to foreseeing problems upon return shares LabourGuide an information hub that offer labour related advice.
Also see: Signs you might have a bad boss
