Fired from your job? Here’s what to do next

Imagine walking into a brief meeting with management and leaving without a job.

Whether you were fired for alleged misconduct or dismissed for poor performance, the shock and humiliation can be paralysing. Many employees pack up their belongings and walk away, believing their dismissal letter is the final word.

In South Africa, this is not necessarily the case.

Under the Labour Relations Act (LRA), employees have the right not to be unfairly dismissed. If you believe your dismissal was procedurally unfair (how it was handled) or substantively unfair (the reason for the dismissal), the law provides a way to challenge the decision.

Here is what you need to do if you have been dismissed.

The 30-day deadline

If you have been dismissed, one deadline is particularly important. In most unfair dismissal cases, you have 30 days from the date of dismissal, or from the employer's final decision to dismiss or uphold the dismissal, to refer a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the relevant bargaining council.

A common mistake employees make is counting only working days. The 30-day period is calculated using calendar days, including weekends and public holidays.

If you miss the deadline, you must apply for condonation, requesting permission to submit your dispute late. Condonation is not guaranteed.

Step 1: Secure your paperwork

Before leaving your workplace, request copies of your disciplinary hearing records, dismissal letter and final payslip.

Gather any emails, WhatsApp messages or witness details that could support your case.

If you are asked to sign an acknowledgement of receipt of your dismissal letter, you can indicate that you acknowledge receiving it without agreeing with its contents. For example, you could write "Receipt acknowledged, contents disputed" next to your signature.

Step 2: Refer the dispute using LRA Form 7.11

To challenge your dismissal through the CCMA, you generally need to complete LRA Form 7.11, available on the CCMA website or at its offices.

The form requires your personal details, your employer's information and the reasons you believe your dismissal was unfair.

You must serve a copy of the completed form on your former employer, using an accepted method such as email, registered post or hand delivery. You must then submit the form to the CCMA with proof that it was served on your employer.

Step 3: Conciliation and arbitration

Once your dispute has been registered, the CCMA will arrange a conciliation hearing.

Conciliation is a process in which a commissioner helps both parties try to reach an agreement. This could involve financial compensation or reinstatement.

If the parties cannot reach an agreement, the commissioner will generally issue a certificate confirming that the dispute remains unresolved.

Depending on the nature of the dispute, you may then request arbitration or refer the matter to the Labour Court.

At arbitration, both parties can present evidence, call witnesses and cross-examine witnesses. The commissioner then makes a legally binding decision, subject to the applicable legal processes for challenging an award.

Receiving a dismissal letter can be overwhelming, particularly when missing a deadline or making a procedural mistake could affect your case.

However, you do not have to navigate the process alone. Legal Leaders provides specialist legal support to employees facing workplace disputes, helping them understand their rights and the steps available to challenge a dismissal.

Losing your job does not necessarily mean losing your right to fair treatment. The CCMA provides a mechanism for resolving workplace disputes.

Act promptly, understand the deadlines and take the necessary steps to protect your rights.

** Aslam Moolla is the founder and director of Legal Leaders and co-founder of Legal Leaders Insurance. He is a passionate labour lawyer with over 14 years of experience. Moolla and the Legal Leaders have become a prominent voice for workplace fairness and a commitment to ensuring every South African knows their rights and how to defend them.

***The views expressed here do not necessarily represent those of  IOL.

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