The Labour Relations Act as amended sets out the grounds, which should an employee be dismissed for these, would constitute an automatically unfair dismissal.
Victims of automatically unfair dismissals are entitled to receive up to double the ordinary amount of compensation namely 24 times their gross monthly salary.
The Labour Relations Act as amended defines automatically unfair dismissals as those instances where an employer unfairly discriminated against an employee either directlyor indirectly on any arbitratory ground including race, gender, sex, social origin, colour, sexual orientation, age, disability, religion, etc. It may also include when an employer compels an employee to accept a demand in respect of any matter of mutual interest i.e. when strike action would usually be considered by an employee, usually a termination of employment for an automatically unfair reason does not fall into the ordinary categories of misconduct or incapacity.
These claims can only be litigated in the Labour Courts.
Malcolm Lyons & Brivik Inc. have litigated various number of these types of claims nationally. Most common causes for termination which ultimately are found to be automatically unfair are related to race, age and pregnancy.
We accept these claims on a no- win no- fee basis.
Should you wish to contact Malcolm Lyons & Brivik Attorneys Inc. to assist in any
unfair discrimination / unfair dismissal please contact us on:
Cape Town, Western Cape:
0861 MLB INC / (021) 425-5570
0861 MLB INC / (011) 268-669
With offices and representatives country wide from Cape Town and Johannesburg we are able to represent clients throughout South Africa.