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Title
Automatic Unfair Dismissals
Description
A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy.
Category
Discipline
Sub Category
Dismissal
Document Type
Information Sheet
Filename
Automatic Unfair Dismissals IS.pdf
Publish Date
12/09/2014
Price
R 150.00
Author
Johanette Rheeder
Document Format
PDF

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Schedule 8 of the LRA provides that a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees and trade unions, or if the reason is one of those listed in section 187. The reasons include participation in a lawful strike, intended or actual pregnancy, acts of discrimination, discriminating or dismissing an employee for making use of the rights conferred by the LRA, or to force an employee to accept the outcome of a settlement. In cases where the dismissal is not automatically unfair, the employer must show that the reason for dismissal is a reason related to the employee's conduct or capacity, or is based on the operational requirements of the business. If the employer fails to do that, or fails to