Definition of dismissal:

• an employer has ended a job contract with or without notice;
• an employer did not renew a job contract as agreed, or offered to renew it on less favourable terms;
definition of dismissal • an employer does not allow a worker to return to work after she –
o has taken legal maternity leave;
o has been absent up to 4 weeks before and up to 8 weeks after the birth;
• an employer, who has dismissed several workers for the same reason, re-employs only some of them;
• a worker ended a job contract with or without notice, because –
o the employer made working circumstances unbearable; or
o a new employer made working conditions less favourable than the old employer.
Fair Dismissal Dismissal is fair if –
• the specific needs of a job are not being met;
• a worker has reached retirement age.
Definition of dismissal regarding unfair dismissal:
• a worker intended to or did take part in or supported a strike or protest; or
• a worker refused to do the work of a striking or locked out co-worker, unless his refusal will endanger life or health; or
• a worker is forced to accept a demand; or
• a worker intended to or did take action against an employer by –
o exercising a right; or
o taking part in proceedings; or
• a worker is pregnant or intends to be pregnant; or
• an employer discriminated against a worker because of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility; or
• an employer cannot prove –
o a worker’s misconduct or inability; or
o that the employer’s operational needs are valid; or
o that the dismissal procedure was fair.

For further information or any labour related matters, you can contact Bernard Reisner:
W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105