Unfair dismissal is one of the most frequently referred disputes in South African labour law. A dismissal may be considered unfair if:
- There was no valid reason related to misconduct, incapacity, or operational requirements
- The employer failed to follow a fair procedure
- The dismissal was automatically unfair (for example, due to discrimination, pregnancy, or union activities)
Both substantive fairness (a fair reason) and procedural fairness (a fair process) are required by law.
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