Forms of Dismissal in South African Labour Law (2024)

Contact Us

  • +27 (0)43 555 4000
  • +27 (0)44 150 0181
  • +27 (0)86 268 0105
  • info@conlonlaw.co.za

PRACTICE AREAS

Contracts

We are able to provide advice on the specific contract you will require for any venture or project you might embark on – both commercial and private.

We can assist in drawing contracts in the following areas: –

  • Building Agreements
  • Sale Agreements – movable and immovable property
  • Credit Agreements
  • Loan Agreements
  • Powers of Attorney
  • Joint Venture Agreements
  • Partnership Agreements
  • Confidentiality Agreements
  • Memorandums of Understanding
  • Brokerage Agreements
  • Sale of Shares Agreements

Please note that this list is not exhaustive. Please contact our offices should you require information on, or assistance with any other contract, or advice on which contract would best suite your needs.

These contracts are all drafted to conform with the provisions of the National Credit Act or Consumer Protection Act, where applicable.

Contracts

Property Law

We provide an extensive list of services governing rights concerning property – both movable and immovable.

Services in this area of law include: –

  • Property Disputes
  • Enforcement & Cancellation of Property Sale Agreements
  • Property Transfers
  • Bond Registrations
  • Property Sale and Acquisition Agreements
  • Commercial and Residential Lease Agreements
  • Registration of Notarial and Surety Bonds
  • Removal of Title Deed Restrictions
  • Real Estate Services & Property Sales
  • Rental Management

Municipal Law & Tender Disputes

We have assisted various clients in actions and applications against the local municipality, whether it be for removal of title deed restrictions, or applications against the municipality for unlawful administrative action.

We have even successfully defended and prevented the demolition of a client’s home by the municipality.

We can also assist with PAIA Applications (Promotion of Access to Information Act) against the municipality, should you be entitled to certain information held by the Buffalo City Metro, which they fail to disclose or furnish.

Municipal Law & Tender Disputes

Private & Public School Recoveries

We assist various clients in the area of recoveries and foreclosures.

Our well-established Collections Department runs a large book of recoveries for many of East London’s public and private schools.

Our dedication and commitment to our clients in this area is of such a nature, that we have exceeded their expectations while ensuring that money is collected speedily and at a minimal cost to them.

Private & Public School Recoveries

Wills, Trusts & Estate Administration

We provide services with reference to estate planning, deceased estates, the formation of Trusts and the drafting of Wills.

Our vision is to educate individuals on the importance of estate planning and of ensuring that your Will is not only up to date and valid, but that it will cater for the needs of your loved ones after your death.

Services in this area of law include: –

  • Advice on Estate Planning
  • Drafting of Powers of Attorney
  • Drafting and formation of Inter Vivos and Testamentary trusts
  • Appointment of Curators
  • Drafting of Bespoke Wills suited to each individuals’ needs and requirements
  • Administration of Deceased Estates – both Testate (with a Will) and Intestate (without a Will)
  • Acceptance of Executorship
  • Continual consultation with heirs, Master of the High Court, SARS and other relevant parties
  • Drafting of the Liquidation and Distribution Accounts and the finalisation and submission thereof to the Master of the High Court
  • Administration of Assets, Liabilities and legal formalities required in terms of the Administration of Estates Act – distribution of Assets to heirs, the settling of Liabilities and conformity with laws regarding Estate Duty and the law of Succession

Wills, Trusts & Estate Administration

Road Accident Claims

The Road Accident Fund (“RAF”) is a body established by an Act of Parliament, namely, the Road Accident Fund Act.

The Road Accident Fund provides compulsory cover to all users of South African roads (by way of fuel tax), resident or foreigner, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa. This cover is in the form of indemnity insurance to persons who cause the accident, as well as personal injury and death insurance to victims of motor vehicle accidents and their families.

The compensation provided by the Road Accident Fund is an attempt to re-integrate victims of road accidents into society from a health and economic perspective, and to protect wrongdoers and their families from financial ruin. This is done by paying the medical and related services costs required to restore accident victims to health, compensating the victims or their families for income or support lost as a result of the accident and indemnifying the wrongdoer from liability. In addition, the Road Accident Fund pays general damages to accident victims, which represents compensation for pain and suffering, loss of amenities of life, disability and disfigurement, as well as funeral costs to families in circ*mstances where the victim of the accident sustains fatal injuries.

We are able to provide assistance to individuals needing to obtain payment of compensation from the Road Accident Fund for loss or damage caused by the wrongful and negligent driving of a road user. Our services include assisting clients on a Contingency Fee basis (No Win – No Fee basis), in the event that they meet certain criteria, as determined by ourselves.

Services in this area of law include: –

  • Consultation and Appointment as Attorneys of Record
  • Obtaining relevant Legal Documentation
  • Lodgement of Claim with Road Accident Fund
  • Obtaining Expert Evidence
  • Negotiations with Road Accident Fund on Settlement
  • Proceeding to trial in the event of no settlement being reached

Medical Negligence and Personal Injury Claims

Damages can be claimed arising from a myriad of mishaps and incidences caused by the negligent act or omission of another person or legal entity.

Claims may be instituted arising from the following examples: –

  • Medical Malpractice (medical negligence, improper care leading to ill health or death, botched surgeries)
  • Slip and Fall
  • Dog Bites
  • Assault Claims
  • Negligent acts or omissions leading to personal injury

As with Road Accident Fund claims, some personal injury claims may be dealt with on a Contingency Fee basis.

Medical Negligence & Road Accident Fund Claims

Legal Pages

Privacy Statement

This privacy policy discloses the privacy practices forwww.conlonlaw.co.za/. This privacy policy applies solely to information collected by this web site. It will notify you of the following:

  1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.

  2. What choices are available to you regarding the use of your data.

  3. The security procedures in place to protect the misuse of your information.

  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organisation, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately.

Privacy Statement

Website Disclaimer

Nothing contained in our publications should be construed as legal advice from Conlon Law (a division of Conlon & Associates Incorporated) or its professionals.

These publications are intended, as indicated, to serve as guides. To this end, they contain summaries of the general legal principles applicable to various legal areas of interest, as at the date of publication. Readers should however not place undue reliance on the content of these publications and should seek professional legal advice when required.

Conlon Law, its directors and/or its employees shall not be liable for any loss or damage of whatever nature, arising out of or in connection with the contents of these publications and/or any conduct taken in reliance on the content of these publications.

Website Disclaimer

Copyright Statement

All Rights Reserved

No part of this website or any of its contents may be reproduced, copied, modified or adapted, without the prior written consent of the author, unless otherwise indicated for stand-alone materials.

You may share this website by any of the following means:

  1. Using any of the share icons at the bottom of each page
  2. Providing a back-link or the URL of the content you wish to disseminate
  3. You may quote extracts from the website with attribution towww.conlonlaw.co.za.

For any other mode of sharing, please contact the author.

Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author.

Copyright Statement

Terms and Conditions of Use

This is the web site of Conlon Law. The address of Conlon Law for correspondence relating to this web site is at:

47 Vincent Road, Vincent, East London
P.O. Box 19075, Tecoma, 5214

All communications regarding this web site should be addressed toinfo@conlonlaw.co.za

The content and design of the website pages are subject to copyright owned by Conlon Law or used under licence from third party copyright owners. You are welcome to print pages for your personal use, but no part of this website may be reproduced or transmitted for any other purpose.

From time to time this website may feature content related to the law and legal developments. Such content is intended to provide general guidance only and should not be regarded as a substitute for taking legal advice in relation to your particular circ*mstances.

However, content related to the law and legal developments featured on this website is based upon the laws of South Africa unless otherwise expressly stated.

From time to time this website may also include links to other websites. These links are provided in order to enhance the interest of other featured content and are not intended to signify that Conlon Law endorses or otherwise has any responsibility for the content of the linked website.

Your use of this website and any dispute arising out of the website is subject to the laws of South Africa. Any dispute arising out of the use or publication of this website is subject to the exclusive jurisdiction of the courts of South Africa.

This website is made available for public viewing on the basis that Conlon Law are excluded, to the extent lawfully permitted, from all liability whatsoever for any loss or damage howsoever arising out of use of this website or reliance upon the content of this website.

Conlon Law is regulated by the Law Society of South Africa, as well as the Cape Law Society.

Terms & Conditions of Use

Access to Information Compliance

Please click the link below to download the Conlon and AssociatesAccess toInformation Guide, compiled in terms of Section 51 of the Promotion of Access toInformation Act, 2 of 2000.

Click here to download the Conlon and Associates Access to Information Guide.

Access to Information Compliance

Forms of Dismissal in South African Labour Law (2024)

FAQs

Forms of Dismissal in South African Labour Law? ›

Fair reasons for dismissal

(2) This Act recognises three grounds on which a termination of employment might be legitimate. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer's business.

What are the three types of dismissals? ›

Fair reasons for dismissal

(2) This Act recognises three grounds on which a termination of employment might be legitimate. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer's business.

What is the labor law for dismissal in South Africa? ›

The Labour Relations Act (LRA) sets out specific procedures that must be followed to ensure a fair dismissal. These procedures include giving the employee notice of the intention to dismiss, providing the employee with an opportunity to respond to the allegations and conducting a fair and unbiased hearing if necessary.

What are the 5 fair reasons for dismissal? ›

Here are five:
  • Conduct. Companies and organisations normally have policy documentation and guidelines that clearly state what constitutes conduct within the work environment. ...
  • Capability or performance. ...
  • Redundancy. ...
  • Statutory illegality or breach of a statutory restriction. ...
  • Some other substantial reason or SOSR.
May 25, 2023

What is an example of unfair dismissal in South Africa? ›

he dismissal will be regarded as automatically unfair if the worker is dismissed for:
  • exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
  • taking part in lawful union activities.
  • taking part in a legal strike or other industrial action or protest action.

What are the 4 stages of dismissal? ›

Depending on the reason for the disciplinary action, the decision might be:
  • no action.
  • a verbal warning.
  • a written warning.
  • a final warning.
  • demotion.
  • dismissal.

What is the difference between dismissal and termination in South Africa? ›

It is important to distinguish and define the differences between these two (2) concepts: Dismissal: An employer dismisses the services of this employee due to their behavior, performance or other personal factors. Termination: An employer no longer requires an employee's services for the tasks and duties at hand.

What is a summary dismissal in South Africa? ›

Summary dismissal is where an employee is dismissed without notice or payment for notice. Employers must in all cases ensure they have followed a fair and lawful process in dismissing the employee or they may face allegations of unfair dismissal.

How do I terminate a contract in South Africa? ›

Legal Framework for Contract Termination in South Africa

Contracts can generally be terminated by agreement, operation of law or due to a material breach by one of the parties. Specific Termination Clauses: Contracts often contain clauses that detail the conditions and procedures for termination.

What is the correct procedure for dismissal? ›

Investigate the issues. Inform the employee of the issues in writing. Conduct a disciplinary hearing or meeting with the employee. Inform the employee of the decision in writing.

What is the most common remedy for unfair dismissal? ›

The Labour Appeal Court (LAC), per Waglay JP, Ndlovu JA and Coppin JA, summarised the law on remedies in the case of unfairly discriminatory dismissals as follows: The primary remedy in the case of a dismissal is reinstatement. Reinstatement must be ordered unless the exceptions set out in s 193(2) apply.

What is normal unfair dismissal? ›

If you'll have worked for your employer for at least 2 years when your job ends, it's also automatically unfair if you're dismissed because: the business was transferred to another employer. you didn't declare a spent conviction.

How do you deal with unfair dismissal in South Africa? ›

If you have decided to lodge a dispute, you need to complete a CCMA case referral form (also known as LRA Form 7.11.). These forms are available from the CCMA offices, Department of Employment and Labour and the CCMA website. for it). of the proof that the form had been served on the other party is also enclosed.

What is automatically unfair dismissal South Africa? ›

A dismissal is automatically unfair when the dismissal is for the purpose of compelling the employee to agree to the employer's demand and such dismissal is temporary, pending the acceptance of the changes. Standard Bank of South Africa v CCMA & others (2007) 16 LC 8.29.11.

Can I be fired without warning South Africa? ›

In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing.

What is constructive dismissal South Africa? ›

Constructive dismissal is where an employee terminates the contract of employment with or without notice because the employer made continued employment intolerable for the employee.

What makes a dismissal? ›

The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

What is the difference between dismissal and wrongful dismissal? ›

Wrongful dismissal is a dismissal in breach of contract. A common example would be where the employer has dismissed an employee, but they have not provided the notice laid down in the employee's Contract of Employment.

What is dismissal method? ›

The most common methods of dismissing a batter are (in descending order of frequency): caught, bowled, leg before wicket, run out, and stumped. Of these, the leg before wicket and stumped methods of dismissal can be seen as related to, or being special cases of, the bowled and run out methods of dismissal respectively.

What does dismissal mean in law? ›

dismissal. n. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judge's ruling that a lawsuit or criminal charge is terminated. 3) an appeals court's act of dismissing an appeal, letting the lower court decision stand.

Top Articles
Latest Posts
Article information

Author: Manual Maggio

Last Updated:

Views: 6416

Rating: 4.9 / 5 (69 voted)

Reviews: 92% of readers found this page helpful

Author information

Name: Manual Maggio

Birthday: 1998-01-20

Address: 359 Kelvin Stream, Lake Eldonview, MT 33517-1242

Phone: +577037762465

Job: Product Hospitality Supervisor

Hobby: Gardening, Web surfing, Video gaming, Amateur radio, Flag Football, Reading, Table tennis

Introduction: My name is Manual Maggio, I am a thankful, tender, adventurous, delightful, fantastic, proud, graceful person who loves writing and wants to share my knowledge and understanding with you.