The Labour Relations Act as amended provides protection to employees from an unfair dismissal. Malcolm Lyons & Brivik Inc. have in the past litigated these claims both at the Commission for Conciliation, Mediation and Arbitration and at the various Bargaining Council’s around the country.
We represent clients on a no- win no- fee basis.
The Labour Relations Act provides only three substantive grounds for the valid termination of employment. These are for misconduct, poor work performance and operational requirements. Prior to the termination of employment an employer must follow the correct procedures. These procedures include handing to the employee a Notice to Attend a Disciplinary Hearing with a reasonable period to allow the employee to prepare. The Notice to attend a Disciplinary Hearing in a dismissal for misconduct must adequately set out the grounds of the alleged misconduct.
Malcolm Lyons & Brivik Inc. assist in the drawing of the Notices to Attend the Disciplinary Hearing ensuring that they meet the legislative requirements .
In a claim for alleged unfair dismissal an employee can recover up to a maximum of 12 months compensation. Compensation is calculated as a factor of his or her salary.
“ if an employee would like to but can not that is a performance issue, if the employee can but does not want to that is misconduct”.
Should you wish to contact Malcolm Lyons & Brivik Attorneys Inc. to assist in any
unfair dismissal / unfair labour practice 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.