- Some dismissals are considered to be so serious that they are classified as being automatically unfair.
- Most dismissals carry a maximum penalty of 12 months, but the court can award a penalty of up to 24 months for an automatically unfair dismissal.
- A dismissal is automatically unfair if it arises out of:
- Violating an employee’s right to freedom of association – e.g. dismissal for joining a union.
- Participating in a protected strike
- Not doing the work of another who is participating in a protected strike.
- Refusing to accept a change in working conditions
- The employee’s pregnancy
- Unfair discrimination e.g. race or gender
- The transfer of the business as a going concern
- A contravention of the Protected Disclosures Act
- Taking action against the employer in terms of the Labour Relations Act
Employment Practices Liability