The maximum compensation which may be awarded is capped at a maximum of 12 months remuneration for an ordinary unfair dismissal (e.g., misconduct or incapacity) alternatively, 24 months remuneration for an automatically unfair dismissal (e.g., dismissal due to pregnancy/discrimination or protected disclosure).
How do you prove unfair dismissal in South Africa?
THE ONUS OF PROOF: PROVING THE FAIRNESS OF DISMISSAL
The employer bears the onus in a misconduct case to prove that the dismissal was substantively fair and procedurally fair. The employer must produce evidence of sufficient weight to discharge the onus on a balance of probabilities.
How can the CCMA assist employers and employees to resolve conflict?
When it comes to the objective resolution of an employee/employer dispute, the CCMA is mandated to: Try to resolve disputes through conciliation (finding a compromise between the two parties) or arbitration (acting as the objective third party to resolve the dispute) Help in forming workplace forums.
What if you are not happy with the outcome of CCMA?
There is recourse, if unhappy with CCMA ruling | Labour Guide. Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he or she does not have the right of appeal. However, an aggrieved party can take the arbitrator’s “conduct” on review.
What are the 5 fair reasons for dismissal?
A run-down of the most common reasons to dismiss an employee.
Failure to do the job. Perhaps the most obvious (and arguably fairest) reason would be an employee’s failure to do their job properly. Misconduct. Another common reason for dismissal is misconduct. Long term sick. Redundancy.
How does the CCMA calculate compensation?
The key factors in the determination of compensation for procedural unfairness are –
the extent of the deviation from a fair procedure.the employee’s conduct.the employee’s length of service; and.the anxiety and hurt caused to the employee because the employer did not follow a fair procedure.
What steps can an employee take if unfairly dismissed?
If a dismissal is determined to be unfair, the employee may be reinstated, re-employed, or receive financial compensation. The dismissed employee is likely to receive compensation if: The employee does not wish to be reinstated.
How much compensation will I get for unfair dismissal?
One and a half weeks’ pay for each year of employment after age 41; One week’s pay for each year of employment between ages 22 and 40; Half a week’s pay for each year of employment under the age of 22.
What are examples of unfair dismissal?
incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)
How long should CCMA take to resolve a dispute?
The commissioner’s role is to try to resolve the dispute within 30 days of it being referred to the CCMA. If the dispute is settled, an agreement will normally be drawn up and that ends the matter.
What does CCMA in Favour of employer Award mean?
The CCMA has made a financial or monetary arbitration award in favour of an employee. An arbitration award is final and binding – although it is not an Order of the Labour Court, it may be enforced (subject to certain procedures being complied with) as if it were an order of the Labour Court.
Can a lawyer represent you at CCMA?
With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.
Can CCMA award costs?
The fee is between R750 and R1500 for each day or part thereof. The CCMA may charge an employer with an arbitration fee in dismissal matters relating to conduct / capacity where the commissioner finds that a dismissal is procedurally unfair in terms of s140(2) – in addition to the provisions of s194(1).
Can an employer appeal a CCMA ruling?
If the CCMA rules against you or your company, unfortunately, you can’t appeal against their decision. Yes, the Labour Relations Act (LRA) does not allow any party to appeal against an arbitration ruling. However, such rulings can be overturned by other means, within six weeks of the ruling being served.
What are examples of gross misconduct?
Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.
Can you get fired for anxiety?
The Americans with Disabilities Acts (ADA) protects employees from discrimination based on a disability—including mental illnesses like depression or anxiety.
On what grounds can you dismiss an employee?
The 5 fair reasons for dismissal
Conduct. In this case, an employee is being dismissed due to a reason related to their conduct. Capability or performance. Redundancy. Statutory illegality or breach of a statutory restriction. Some other substantial reason.