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Onah Attorneys Inc • Johannesburg
Unfair Dismissal Attorneys – Fired Unfairly? You Have 30 Days
If you were dismissed without a valid reason or a fair process, the law is on your side — but only if you move within 30 days. Our unfair dismissal attorneys assess your case honestly, lodge your CCMA referral on time, and fight for the maximum remedy: reinstatement, or compensation of up to 12 months’ pay (24 for automatically unfair dismissals). No employer is too big to be held to the LRA.
Call 011 042 8039Free Case AssessmentWhen you need unfair dismissal attorneys
Dismissed without any disciplinary hearing
Dismissed for misconduct you did not commit
Poor performance dismissal without warnings or improvement opportunity
Dismissed while pregnant or after disclosing pregnancy
Fired for raising grievances or whistleblowing
Fixed-term contract not renewed despite promises
Retrenchment that targeted you unfairly
Forced resignation under threat (‘resign or be fired’)
How we handle your matter
Free-format case review
Bring your contract, payslips, charge sheet and dismissal letter — we map your dismissal against the LRA fairness tests same-day.
CCMA referral
We complete and serve the 7.11 referral within the 30-day window and prepare your version of events properly.
Conciliation strategy
We quantify your claim realistically and negotiate from strength — many employers settle here to avoid arbitration exposure.
Arbitration
We run the arbitration: chronology, witnesses, cross-examination of the employer’s case, closing argument on remedy.
Enforcement
Awards are certified and enforced; if the commissioner got it badly wrong, we review to the Labour Court within 6 weeks.
Fees — transparent, agreed upfront
Staged fixed fees per phase, quoted before we start. Where prospects are strong we structure fees around the settlement or award timeline so cash-strapped dismissed employees can still fight.
Key legislation:
- Labour Relations Act 66 of 1995 (Sections 185–194)
Frequently asked questions
What qualifies as unfair dismissal in South Africa?
Dismissal without a fair reason (misconduct, incapacity or operational requirements) or without a fair procedure. Both substance and process must be fair — failing either makes the dismissal unfair.
What is automatically unfair dismissal?
Dismissal for pregnancy, discrimination, union membership, whistleblowing, or exercising legal rights — compensation runs up to 24 months’ pay and these cases go to the Labour Court.
Do I need a hearing before being dismissed?
For misconduct, yes — an opportunity to be heard is the core of procedural fairness. A dismissal by SMS, letter or ‘don’t come back’ without a hearing is almost always procedurally unfair.
What if I signed a mutual separation agreement?
A genuinely voluntary agreement usually ends the claim — but agreements signed under duress (‘sign or be fired’) can be attacked. Take advice before signing anything.
Can casual or probation workers claim unfair dismissal?
Yes. Probationers, part-timers and fixed-term workers are all protected by the LRA — probation only lowers the substantive bar slightly for performance dismissals, not the procedural one.
How much will I get for unfair dismissal?
Arbitrators weigh the unfairness degree, your loss and service length. Awards commonly range from 3 to 12 months’ remuneration; automatically unfair cases up to 24. Settlements often land near the midpoint.
Speak to an Attorney Today
Get straight answers about unfair dismissal attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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