Q: What qualifies as wrongful termination?

A: Wrongful termination occurs when an employee is fired for reasons that are illegal or violate their employment contract. Examples include discrimination, retaliation, or breach of contract.

Q: How long do I have to file a wrongful termination claim?

A: The time limit for filing a wrongful termination claim, known as the statute of limitations, varies depending on the jurisdiction and the specific circumstances of the case. Consult with legal professionals as soon as possible to avoid missing the deadline.

Q: How much compensation can I expect to receive?

A: Compensation in wrongful termination cases can vary widely based on factors such as lost wages, emotional distress, punitive damages, and attorney fees. An experienced legal team will work to maximize the compensation you receive.

Q: What if I can’t afford legal representation?

A: Many wrongful termination attorneys work on a contingency fee basis, meaning they only charge a fee if they successfully recover compensation for you. This makes it easier for individuals to pursue justice without worrying about upfront costs.

South African law provides specific protections against wrongful termination of employment under the Labour Relations Act 66 of 1995 (LRA). This legislation outlines that an employer may not dismiss an employee without fair reason and proper procedure.

• Substantive Fairness: According to Section 188 of the LRA, an employer can only dismiss an employee for a fair reason, which could be related to an employee’s conduct or capability, or based on operational requirements (retrenchment).
• Procedural Fairness: Besides having a fair reason, the LRA also demands that the employer follows a fair procedure before dismissing an employee. This usually involves a disciplinary hearing where the employee can be represented and present their case.
• Unfair Dismissal: If an employee believes they have been unfairly dismissed, they have the right to approach the Commission for Conciliation, Mediation and Arbitration (CCMA) or a bargaining council, according to Section 191 of the LRA. The employee generally has to do this within 30 days of dismissal.
• Remedies: If the CCMA or a bargaining council finds the dismissal was unfair, it could order the employer to reinstate the employee, re-employ them elsewhere, or pay compensation to the employee, as per Section 193 of the LRA.

Most legal assistance can be provided remotely. This means you can speak to the right specialist who has experience in the legal matter you need help with.

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