What to do when you’ve been unfairly dismissed
Despite a court ruling that the SABC 4 should be reinstated after they were unfairly dismissed, they were still refused entry to the SABC offices in JHB. Here is what you can do if you ever find yourself in a similar situation.
Four journalists employed by the South African Broadcasting Corporation (SABC) emerged victorious on 26 July 2016 when the Labour Court ruled that their dismissals were unlawful. The court ruled that the journalists, known as the SABC 4, could return to work on Wednesday, 27 July, but their victory was short lived.
The SABC told reporters outside the building that it would lodge an appeal against the court order to reinstate the four journalists, and that they would not allow them back into the building.
According to the SABC, the four were dismissed because they did not conform to the company’s policies and directives when they spoke out against the SABC’s censorship policy. The public broadcaster suspended them, sent them dismissal letters and stated that they would face disciplinary action for insubordination.
The SABC 4 have joined the many South Africans who are unfairly dismissed every day. Many of these people cannot afford proper legal representation and find themselves with their backs against a wall.
As a Scorpion Legal Protection policyholder, anyone who is unfairly dismissed would be able to get the legal assistance they need.
Dismissal usually refers to an employer ending an employee’s contract of employment. This is commonly known as “getting fired” or “being let go”. If this specific problem applies to you:
There are different types of dismissals.
1. Misconduct
Misconduct relates to wrongdoing on the part of the employee, for example: theft, insubordination, or failure to obey reasonable instruction. An employer is justified in proceeding with disciplinary steps against you on the grounds of misconduct.
2. Incapacity
The second type of dismissal or reason for dismissal is based on grounds of incapacity. Incapacity can be divided into two subsections, the first relates to poor work performance, in other words, that you’re not performing according to the standard expected by your employer. The second relates to incapacity on the grounds of ill-health.
3. Retrenchment
The final type of dismissal is on grounds of operational requirements or retrenchments. If this has happened to you and you need legal assistance:
None of these types of dismissal apply to the SABC 4. The journalists, however, had the right to take the matter to court because their employer didn’t follow the correct procedure for dismissal.
Here are two practical steps for you to take if you have been unfairly dismissed:
1. Report your unfair dismissal to the CCMA within 30 days of the dismissal.
If you do not meet this deadline, your unfair dismissal report will have to be accompanied by an application for condonation.
2. State your case
Unfair dismissals can be both procedurally or substantively unfair. Procedurally unfair means your employer did not have a disciplinary hearing. Substantively unfair is when the employee has participated in a legal strike.
The Labour Court also granted an interdict prohibiting the public broadcaster from initiating disciplinary hearings against the group.
Those responsible for the dismissals have five days to submit an affidavit explaining why they should not be held personally liable for the legal fees.
https://www.youtube.com/watch?v=J6yXV-yLRlQ
If this information applies to you and you need advice on unfair dismissals and other legal issues that may affect you, contact Scorpion Legal Protection, or visit their Facebook page.
To find out more about Scorpion Legal Protection, call 0861 333 333, or SMS “KASI” to 34453 and they’ll call you back.
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