Our Services
No Win No Fee Services: Unfair Dismissal No Win No Fee
No Win No Fee Services: Unfair Dismissal No Win No Fee
No Win No Fee Services: Unfair Dismissal No Win No Fee
Introduction
- Overview of No Win-No Fee services
- Emphasis on accessibility to justice despite financial constraints
What is 'No Win-No Fee' and How Does it Work?
- Explanation of the No Win-No Fee basis
- Free case assessment
- Conditions for taking on a case (reasonable prospects of success and economic viability)
- Payment structure: 25% fee only if successful
- Definition of a successful outcome
- Settlement or favorable judgment at CCMA or bargaining council
Range of Matters Covered
- Unfair dismissal
- Constructive dismissal
- Unfair Retrenchment
What Constitutes Unfair Dismissal in South Africa?
Understanding the grounds for unfair dismissal in South Africa is crucial, especially if you're facing this challenging situation. It's important not to simply accept a dismissal without exploring your rights and options.
Procedural Inadequacies
Even if an employee is dismissed for misconduct, the employer must follow proper procedures. Failure to do so might still allow a claim for unfair dismissal, emphasizing the importance of adhering to established legal protocols during the dismissal process.
Seeking Legal Support
Understanding these nuances is complex, and seeking professional legal advice can be invaluable. Knowledgeable labor lawyers can guide you through your rights and potential actions, often on a no-win, no-fee basis, ensuring you receive the appropriate support needed in such situations.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 071 799 8543 /064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 508 7519 / 064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Johannesburg
Unfair Dismissal-No Win No Fee
No Win No Fee Services: Unfair Dismissal No Win No Fee
No Win No Fee Services: Unfair Dismissal No Win No Fee
section 185(a) of the labour relations Act(LRA) states that every employee has a right not to be unfairly dismissed.
Section 188 recognises three grounds on which a termination of employment may be unfair if the employer fails to prove the fairness of the dismissal related to:
- The conduct or behaviour of an employee;
- The capacity of an employee to undertake the work due to ill health, injury or poor performance; and
- The operational requirements of the employer due to economic, structural or technical reasons (retrenchment).
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 071 799 8543 /064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 508 7519 / 064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Johannesburg
Referring a dispute to CCMA or Bargaining council
No Win No Fee Services: Unfair Dismissal No Win No Fee
Referring a dispute to CCMA or Bargaining council
An employee has thirty (30) days from dismissal to refer an unfair dismissal to the CCMA or bargaining council. The thirty (30) days runs from the date of dismissal or the employer’s final decision to dismiss or uphold the dismissal. All days must be counted including Saturdays, Sundays and public holidays and only if the last day falls on a Sunday or public holiday is it excluded. Contact us for free assessment of your case and referral of your case to the ccma or bargaining council on your behalf. No need to travel and be in the long queues at ccma to refer your case.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
WhatsApp : 071 799 8543/064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 507 8794 /064 508 7519 no win no fee labour lawyers Johannesburg ccma unfair dismissal Pretoria
Constructive Dismissal
Labour law legal Advice
Referring a dispute to CCMA or Bargaining council
In terms of Section 186 of the Labour Relations Act a constructive dismissal occurs if “an employee terminates a contract of employment with or without notice because the employer made continued employment intolerable for the employee”. Employers can create these kinds of environments with consistent verbal or physical abuse; by intentionally humiliating or bullying an employee in front of their colleagues, through sexual harassment or inappropriate advances; and withholding an employee’s salary (amongst others).
What’s important to take note of here is that for there to be a possible constructive dismissal case, the employee must have terminated their employment contract by resignation, as it was their only reasonable option after facing continual mistreatment from their employer.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 071 799 8543/064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Johannesburg Pretoria
Labour law legal Advice
Labour law legal Advice
Labour law legal Advice
Our highly qualified legal advisors are readily available to give you legal advice on all labour matters at reasonable fees. Whether you need legal advice with bullying, unfair discrimination, sexual harrassment,
internal Disciplinary hearing or Retrenchment process ,we are available online or physically to assist you.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 071 799 8543 /064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 061 508 7519 /071 799 8543
unfair dismissal no win no fee labour lawyers ccma unfair dismissal Pretoria Johannesburg
Unfair Labour Practice
Labour law legal Advice
Labour law legal Advice
Section 185 of the LRA states that “every employee has the right not to be subjected to an unfair labour practice.”
An unfair labour practice in terms of the provisions of the LRA, refers to an act or omission by an employer towards an employee that may have specific negative consequences for that employee.
An unfair labour practice means any unfair act or omission that arises between an employer and an employee, involving:
- The unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee
- The unfair suspension of an employee or any other disciplinary action short of dismissal in respect of an employee
- The failure or refusal of an employer to reinstate or re-employ a former employee in terms of any agreement
- An occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000, on account of an employee having made a protected disclosure as defined in that Act.
- workplace Harassment and Bullying.
We are a call away in all your labour law matters. Contact us for a quick response on 010 634 0024 /061 507 3006 unfair dismissal no win no fee labour lawyers Pretoria ccma unfair dismissal Johannesburg
Labour Court Review Application
Labour Court Review Application
Labour Court Review Application
when an arbitration award has been made and a party does not agree with the outcome thereof, the matter can be taken on Review to the Labour Court.
Review Applications to the Labour Court are initiated by what is called a Notice of Motion supported by a founding affidavit.
The founding affidavit must set out the grounds on which the Applicant relies to have the award or ruling reviewed successfully by the Labour Court.
It is important to note that review proceedings must be initiated within six (6) weeks of the Applicant receiving the award or ruling from the CCMA or BARGAINING COUNCIL.
If the review Application is not initiated within six (6) weeks,the Labour Court may condone a late Review Application on good cause shown by way of the submission of a Condonation Application and the other party, in turn, has the right to oppose the Review Application as well as the Condonation Application.
A case number must be obtained from the Registrar of the Labour Court holding jurisdiction prior to the filing of the Notice of Motion and Founding Affidavit.
The Review Application must be served on all the Respondents (either the Employee or the Employer) as well as on the CCMA or Bargaining Council before it is filed at the Labour Court.
The enforcement of the CCMA or BARGAINING COUNCIL award or ruling by the Respondent may be halted until a final decision regarding the Review Application has been made by the Labour Court.
If the award or ruling is ultimately set aside by the Labour Court, the Labour Court may make any order that it considers appropriate in relation to the procedure to be followed in determining the dispute.
The Labour Court may make various rulings in respect of a review application including:
- · Setting aside the arbitration award and substituting the arbitration award with another ruling; or
- · Referring the matter back to the CCMA or BARGAINING COUNCIL for adjudication in front of the same or another commissioner; or
- · Dismissing the review application and upholding the arbitration award.
The process of a Review Application to the Labour Court can be a complex one and it is highly recommended that any Applicant initiating such proceedings enlist the assistance of a specialist labour attorney who is familiar with the process and the rules of the Labour Court.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL:
Whatsapp 071 799 8543 /064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Pretoria Johannesburg
Condonation Application
Labour Court Review Application
Labour Court Review Application
The CCMA will not deal with the merits of a dispute that has been referred outside of the time limits until such time that the reason for such lateness has been considered and it has been excused / condoned.
If the prescribed referral time periods have lapsed, the referring party must apply for condonation of the late referral. He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously. Condonation, in this sense, is the action of excusing a party’s failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.
In calculating the referral time frames you should count the days from the date the dispute arose by excluding the first day and including the last day on which you refer the dispute. The last day is only excluded if it falls on a Sunday or a public holiday.
In deciding whether to grant condonation or not, a commissioner will determine whether good cause has been shown for the late referral in the explanation given by the referring party by weighing the following considerations:
- the degree / extent of the lateness of the referral;
- the reason for the lateness;
- the prospects of success on the merits;
- the prejudice to the other party, and
- any other relevant factors.
PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 064 507 8794/ 071 799 8543
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Pretoria Johannesburg
Unfair Retrenchment
Labour Court Review Application
Unfair Retrenchment
Retrenchment is regulated in terms of section 189 of the Labour Relations Act 66 of 1995 (“LRA“). This section sets out procedural guidelines on how employers should go about conducting the retrenchment consultation exercise before making any final decisions about retrenchments. It is a process wherein the employer reviews the business needs, profitability and other operational factors in order to increase profits or limit losses. As a result, in most cases, this means that the business has to reduce employees.
This process is quite complex and requires “exhaustive” consultation with the affected employees or their representatives. The employer must give fair reasons for retrenching employees and follow a fair procedure when making such a decision. Thus, ensuring that they comply with the Labour Relations Act and the rights of their employees. However, if an employer doesn’t provide the proper reasons and doesn’t follow the proper procedures, the CCMA or Labour Court can consider the retrenchment unfair. Employees that have been unfairly retrenched can refer a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) or a bargaining council. However, the employee must refer the dispute within 30 days from date of retrenchment. PLEASE CONTACT US ON THE FOLLOWING DETAILS FOR ASSISTANCE:
EMAIL: info@unfairdismissal-labourlawyers.com
Whatsapp : 071 799 8543/ 064 507 8794
Tel: 010 634 2878 or 010 634 0024
Cell: 064 508 7519 /071 799 8543
064 507 8794 unfair dismissal no win no fee labour lawyers ccma unfair dismissal Pretoria Johannesburg