A dismissal is automatically unfair if the employer, in dismissing an employee, acts contrary to section 5 or, if the reason for the dismissal is;

a) That the employee participated in or supported, or indicated an intention to participate in or support, strike or protest action;

b) That the employee refused, or indicated an intention to refuse, to do any work normally done by an employee who at the time was taking part in a strike or was locked out, unless that work is necessary to prevent an actual danger to life, personal safety or health;

c) To compel an employee to accept a demand in respect of any matter of mutual interest between the employer and the employee;

d) That the employee took action, or indicated an intention to take action, against the employer by;

I. Exercising a right conferred by this act; or
II. Participating an any proceedings in terms of this act;

e) The employees pregnancy, intended pregnancy or any reason related to her pregnancy;
f) That the employer unfairly discriminated against the employee, directly or indirectly, on any arbitrary ground, including, but not limited to, race, gender, sex, ethnic or social origin, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status, or family responsibility;
g) A transfer, or a reason related to a transfer, contemplated in section197 or 197A; or
h) A contravention of the protected disclosures Act, 2000, by the employer, on account of an employee having made a protected disclosure defined in the Act.

For further information on Unfair Dismissal or any labour related matters, you can contact
Bernard Reisner:

W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za