Unfair Dismissal – Labour Law Attorneys in Johannesburg
Strategic Defence of Unfair Dismissal Claims
Jansen van Vuuren Schnehage Attorneys Inc. represents employers in unfair dismissal disputes before the CCMA, Bargaining Councils and the Labour Court, with a focus on ensuring that dismissal decisions are both legally defensible and commercially sound.
Dismissal remains one of the most frequently litigated aspects of South African labour law. It is also one of the areas in which employers are most exposed to risk. A dismissal that is not properly managed, whether due to procedural defects or a lack of substantive justification, may result in adverse findings, including reinstatement or significant compensation awards.
Our role is to ensure that dismissal decisions are approached with the necessary legal rigour from the outset. We assist employers in assessing risk prior to termination, structuring processes in accordance with statutory requirements and defending decisions where they are challenged in dispute resolution forums.
Scope of Services
Our services extend across the full spectrum of unfair dismissal matters, from pre-dismissal advisory to post-dismissal litigation.
We assist employers in evaluating the legal and evidentiary basis for a proposed dismissal, ensuring that both procedural and substantive requirements are met before any decision is implemented. This includes advising on the appropriate process to be followed, the sufficiency of evidence and the risks associated with proceeding.
Where disputes arise, we represent employers in proceedings before the CCMA and relevant Bargaining Councils, managing the preparation and presentation of evidence, as well as the development of a structured witness strategy.
Our involvement continues through arbitration and, where necessary, into Labour Court review proceedings.
Our Services
From an advisory perspective, we provide detailed legal opinions on dismissals arising from misconduct, incapacity or operational requirements. This includes assessing whether the facts support dismissal as a sanction and identifying any procedural shortcomings that may undermine the employer’s position.
We guide employers on the appropriate processes to be followed, ensuring compliance with the Labour Relations Act and the Code of Good Practice: Dismissal. This often involves advising on disciplinary procedures, incapacity enquiries and consultation processes, depending on the nature of the dismissal.
In relation to representation, we appear on behalf of employers in CCMA and Bargaining Council proceedings, including conciliation and arbitration. We raise jurisdictional challenges where appropriate and defend matters through structured and evidence-based advocacy.
Where disputes cannot be resolved at arbitration level, we advise on the prospects of success in Labour Court review proceedings and, where justified, proceed with litigation. We also engage in settlement negotiations where this aligns with the employer’s commercial interests.
Legal Framework
Unfair dismissal disputes are governed primarily by the Labour Relations Act, which sets out the definition of dismissal and the standards of fairness applicable to such decisions.
The Code of Good Practice: Dismissal, provides guidance on both procedural and substantive fairness and is routinely applied in assessing the validity of dismissal decisions. In addition, a substantial body of case law informs the interpretation and application of these principles, particularly in relation to the appropriateness of dismissal as a sanction and the requirements for a fair process.
Why Legal Representation Matters
Unfair dismissal disputes carry significant consequences for employers. Adverse findings may result in reinstatement orders, which restore the employment relationship or compensation awards of up to twelve months’ remuneration in certain circumstances.
Beyond the immediate financial implications, such outcomes may disrupt workplace operations, affect employee relations and set precedents that influence future disciplinary decisions. Employers who approach dismissal without proper legal guidance often encounter avoidable challenges in defending their decisions.
Effective legal representation ensures that dismissal processes are properly structured, that risks are identified and managed at an early stage and that disputes are handled in a manner that protects the employer’s interests.
Our Approach
We adopt a structured, pragmatic and commercially focused approach to unfair dismissal matters.
Our primary objective is to minimise risk by ensuring that dismissal decisions are sound from both a procedural and substantive perspective.
Where disputes arise, we develop a clear and focused strategy aimed at achieving an efficient and favourable outcome.
We recognise that not all matters require protracted litigation. Where appropriate, we facilitate early resolution through informed negotiation.
However, where the employer’s position must be defended, we advance that position with clarity, precision and a strong evidentiary foundation.
Who We Assist
We act for employers across all industries, including corporate entities, owner-managed businesses and organisations with established HR functions. Our clients typically require assistance in managing dismissal decisions that are complex, sensitive or high-risk in nature.
Contact Our Labour Law Attorneys
Unfair dismissal disputes require careful management from the outset. Early legal involvement ensures that risks are properly assessed and that processes are aligned with legal requirements. For assistance with unfair dismissal matters, contact Jansen van Vuuren Schnehage Attorneys Inc.
Why Choose Jansen van Vuuren Schnehage Attorneys Inc?
- Johannesburg-based specialist attorneys with in-depth knowledge of South African law
- A multi-disciplinary legal team offering comprehensive legal services
- Practical, solution-driven advice with a strong commercial focus
- High ethical standards, professionalism, and client confidentiality
- Personalised service and direct access to experienced attorneys
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