[L228] HOW TO TELL IF YOU HAVE A CASE FOR UNFAIR DISMISSAL| SOUTH AFRICA

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”.
Fairness provides a wider scope of factors to consider in making decisions - such as procedural fairness and substantive fairness.
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=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 Introduction
00:45 Procedural Fairness
01:30 Substantive Fairness
02:16 Outcomes at CCMA
03:19 Summary
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
If you found this video helpful, please make sure to give it a thumbs up and subscribe
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[@alkarimshariff2720]

Always pleasure watching your video from Canada 🇨🇦

[@reeta998]

Thank you for the simple clarification👍🏽 writing my principles of labour law exam tomorrow and this really helped.

[@tshenolomontlhabaki7479]

Thanks for such an educational video, just in time for me

[@legalleaderssouthafricanla7309]

Hello Tshenolo
You are welcome. All the best!

[@raynomaharaj6103]

Hi advise please
I made a call to a client she reported me to my employer that I was disrespectful to her n was dismissed from my job no one heard the conversation the witness was the client n my employer that took the the case went to ccma n they favored the employer do I have a case cause no one physically heard the conversation all happened on the phone please advise.

[@legalleaderssouthafricanla7309]

Thank you for your comment, Rayno.
In order for me to properly assist you, please provide me with a few more facts of your case. However, please note that you must have a chance to properly ventilate your matter as well as defend yourself.
You may contact me via our website at Legal Leaders - Moolla Attorneys Inc. I look forward to hearing from you!

[@vuyondlazi3477]

I was dismissed from work, after I was arrested. I gave guys transportation with my private car and I was off duty . The guys I gave transportation to stole sheeps and slaughtered them, I didn't know. Was arrested with them for three days and got out on bail. The company suspended me, and after five months of suspension they fired me. Charging me putting the name of the company in disrepute.. however I did win my case at court. Took the company to CCMA for unfair dismissal.
During the time of my suspension, I found out were those guys stole the sheeps. I then went to the farmer and explained that I had nothing to do with what those guys did and I honestly didn't even know them. I also asked if I could pay for them because I wanted to go back to my work. Now the company as at CCMA say that was an admission of guilt, and even the commissioner was saying the same thing. Luckily I could not present my case on that day. So it was postponed. How can I make the commissioner do see that I didn't go to the farmer as an admission of guilt.

[@legalleaderssouthafricanla7309]

Hello Vuyo
You need to prepare for the hearing. Please contact us to get started.

[@leighboois7602]

Hi, I have been working for an organisation (NGO) for more tha 2 years now as an administrator/receptionist, I received 3 contracts thus far, as they keep on renewing it. My contract expires end of June, fixed term which I receivedbeginning of January, I have been informed that I need to reapply as I'm not performing the way they require me to, I believe its unfair as they never had a formal conversation with me addressing the issues in which I'm lacking, I never had the opportunity the fix it as well. I never received a warning or there is nothing stating it on paper. Is there anything I can do or do is this unfair dismissal? They are also saying that if I'm serious about the position I need re apply and go through the interview process.

[@williamteboo2290]

hie. i was dismissed at work without warning and notice even hearing not they are forcing me to sign a letter saying theyv terminated my contract.

[@alkarimshariff2720]

I have examination coming up in March for a wrongful termination case after 23.5 years any guidance as trailer moved off the shipping dock and they blame me was my fault but the was a third party fault please help

[@dg-qn5mi]

So I won my ccma dispute but my ex employer still refuses to pay. I applied for 7.18 form. What is the next step?

[@legalleaderssouthafricanla7309]

Hello DG
You can have that award certified and enforced as per the labor relations act
Please contact us for help. Details in the description box.

[@keshiaphilander8949]

If i get dismissed without a hearing is that a case?

[@bennettabrahamse8105]

What is your opinion regarding the splitting of charges in a disciplinary hearing

[@legalleaderssouthafricanla7309]

Splitting of charges in a disciplinary hearing can be problematic. It may give an impression of "over-charging" or being unduly punitive. Each charge should be distinct, clear, and not repetitive to ensure fairness and transparency in the disciplinary process.
If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!

[@tanjiro776]

Hi sir, I sent you and email regarding me being unfairly dismissed, please take your time to read it sir.

[@legalleaderssouthafricanla7309]

Thank you for your comment, @tanjiro776!
If you require further assistance, please do not hesitate to get into contact with me via our website at Legal Leaders - Moolla Attorneys Inc.
You may call or complete an online form in order to book a consult with me. I look forward to hearing from you!

[@KgoshiKekanaWaZebediela_DMK]

Hi there, how can i contact you?

[@legalleaderssouthafricanla7309]

If you require further assistance or information, please do not hesitate to get into contact with me via our website: Legal Leaders. We look forward to hearing from you!

[@boniwedunster5096]

Thanks for this. I was explaining the same to someone who needed assistance for their case and unfortunately she doesn't have much for a case as her misconduct case was caught on camera.

[@legalleaderssouthafricanla7309]

No problem Boniwe
We have to care