It is automatically unfair if the Employer dismisses an Employee because that Employee had participated in or supported strike or protest action. If this strike or protest action was in terms of the Legislation, then that Employee is to be protected. Furthermore, if any Employee took action or indicated an intention to take action against the Employer, exercising his rights in terms of the Legislation by participating in proceedings in terms of the Act, any dismissal would be unfair.

Should the Employer choose to dismiss an employee because of pregnancy or intended pregnancy, then that dismissal is deemed to be automatically unfair. Over and above this, any dismissal that unfairly discriminates against an employee directly or indirectly on a whole host of grounds is deemed to be an automatically unfair dismissal.

The Employer must bear in mind that if a dismissal takes place because of a transfer of the business or a reason related to transfer, then such a dismissal would be automatically unfair. Should a dismissal take place in contravention of the Protected Disclosures Act, the dismissal would be automatically unfair and the Employer would be ordered to pay damages up to two years’ salary.

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