More about unfair dismissal awards

  • The CCMA’s two main reasons for ruling against the employer in an unfair dismissal matter are:
    • Procedural unfairness – the employer did not follow the correct process when dealing with an employee dispute. (E.g. dismissal without a hearing)
    • Substantive unfairness – the employer’s decision had no merit. (E.g. dismissing an employee because he is fat and ugly.)
  • Of the awards made against the employer, approximately:
    • 60% are both procedurally and substantively unfair
    • 25% are only substantively unfair
    • 10% are only procedurally unfair
  • When the CCMA rules against an employer, mostly the award is for compensation but in approximately a quarter of the cases the reinstatement of the dismissed employee is ordered.
  • Mostly procedural unfairness arises because the employer did not hold a hearing before making a decision.
Subject: 
Employment Practices Liability