A dismissal is considered automatically unfair when it occurs for reasons that violate fundamental employee rights protected by law. Section 187 of the Labour Relations Act (LRA) sets out specific grounds that render a dismissal automatically unfair, including participation in protected strikes, pregnancy, and acts of discrimination. This infographic outlines what constitutes an automatically unfair dismissal, the process to follow, jurisdictional rules, the burden of proof, and available remedies to affected employees.

 

By Christie de Villiers

Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)