Unfair Dismissal Legal Guidance

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Summary

Unfair dismissal in South Africa is governed by the Labour Relations Act. Employers must provide substantial proof of misconduct for a dismissal to be considered fair. If an internal disciplinary hearing lacks proper evidence, the dismissal can be deemed unfair. Employees can approach the CCMA for further action or consult a labor attorney. Other options include internal dispute resolution, direct negotiation, or private mediation, all within the legal framework of South Africas Labour Relations Act.

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I would want to be anonymous and Formal Complaint Against Manager Summary
I understand your situation. Could you please clarify the nature of your complaint against your manager? Also, it would be helpful to know which country or state you're located in to provide relevant information.
I'm from South Africa and its eployees unfair dismissal pertaining to fraudulent activity she being the supervisor and manager of the bargaining Council for the furniture manufacturing industry in KZN that Ms Manavasagie Raju aka Monica Raju
Thank you for providing the details. According to the South African Labour Relations Act:
*. Unfair dismissal is when an employer terminates an employee's contract of employment against the law.
*. The employer has the burden of proof to show that the dismissal was fair.
May I ask if there was an internal disciplinary hearing before the dismissal?
Yes an hearing had conducted however every allegation was sabotaged and no proper evidence was submitted by the employee
I understand your situation better now. Here's what I can tell you:
- According to Section *(*) of the Labour Relations Act in South Africa, if employers cannot provide substantial proof of misconduct, the dismissal can be deemed unfair.
- In such cases, you can approach the CCMA (Commission for Conciliation, Mediation and Arbitration) for further action.
- It's also recommended to consult with a labor attorney for comprehensive legal advice.
Instead of CCMA or seeking guidance from a Labour attorney , is there no other way to rid of such peoplein a wirk environment
I understand your concern. You may consider these options:
- Internal dispute resolution procedures.
- Direct negotiation with the employee.
- Private mediation.
Remember, these should be within the legal framework of South Africa's Labour Relations Act.
Unfair dismissal
I'm sorry to hear about your situation. Could you please provide me with more details about your dismissal? Also, your location is crucial as labor laws vary by region.