We also heard from Commissioner Vusumzi Landu – From the Commission for Conciliation,
Mediation and Arbitration to tell us more about misconduct dismissals.
According to the Labour law, every employee has the right not to be unfairly
dismissed. Once the existence of the dismissal is established, the
employer must prove that the reason for the dismissal is a fair reason and
effected in accordance with a fair procedure and in terms of the law. If there
is a dispute about the fairness of a dismissal, the aggrieved employee has 30
days to refer the matter to the CCMA or the appropriate Bargaining Council. For
more information contact the CCMA on their call centre on 0861 16 16 16 or go
to www.ccma.org.za
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