What is an unfair dismissal?

A dismissal is unfair if it's not for a fair reason (misconduct, incapacity, or operational requirements) OR if a fair procedure was not followed. Both substantive and procedural fairness are required.

How long do I have to refer a dispute to the CCMA?

30 days from date of dismissal for unfair dismissal. 90 days for discrimination claims under the EEA. Missing these deadlines requires a condonation application which is often refused. Act immediately.

What compensation can I get for unfair dismissal?

The CCMA can award up to 12 months' remuneration, or order reinstatement or re-employment. The Labour Court can award up to 24 months for automatically unfair dismissals (like discrimination-based dismissals).

Do I need an attorney at the CCMA?

Legal representation is not automatic at the CCMA - the commissioner must grant permission, typically only for complex matters. You can use a union official or a lay representative. Attorneys are usually allowed in Labour Court proceedings.

What is the difference between retrenchment and dismissal?

Retrenchment is dismissal for operational requirements (no-fault dismissal driven by the employer's economic, technological, or structural reasons). Section 189 of the LRA sets out a mandatory consultation process. Dismissal for misconduct or incapacity follows different rules.

Labour Law Attorneys

Employment disputes, CCMA referrals, and workplace rights under the LRA and BCEA. Browse 391 LPC-registered attorneys across South Africa.

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Reviewed by the Justibly editorial team·Updated April 2026

Labour attorneys represent both employees and employers in disputes under the Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA), and Employment Equity Act. Most employment disputes start at the CCMA or a bargaining council, with the Labour Court handling appeals and matters that fall outside CCMA jurisdiction (like automatically unfair dismissals).

When to hire a labour law attorney

You have been dismissed and believe it was unfair.
You are facing a disciplinary hearing and need representation.
You are an employer facing a CCMA referral or unfair-dismissal claim.
You have been retrenched and want to challenge the Section 189 process.
You are experiencing workplace harassment, discrimination, or victimisation.

What to expect

Employees have 30 days from dismissal (or 90 days for discrimination) to refer a dispute to the CCMA or relevant bargaining council. The CCMA first attempts conciliation (informal settlement). If conciliation fails, the matter goes to arbitration where a commissioner makes a binding award. Matters like operational requirements (retrenchment) disputes or automatically unfair dismissals bypass CCMA arbitration and go to the Labour Court.

Typical fees

CCMA representation: R8,000-R40,000 depending on complexity and number of days. Labour Court review/appeal: R40,000-R200,000+. Many labour attorneys offer consultations at R1,500-R3,500 to assess prospects.

Legal information, not legal advice. This page provides general information about labour law in South Africa. It is not a substitute for advice from a qualified attorney. Laws and procedures change - consult a verified attorney for your specific matter.

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