Back to: Introduction to the Labour Relations Act (LRA)
8.1 Definitions and Protections
Welcome to Module 8 of our course on the Labour Relations Act, 1995. In this module, we will focus on the provisions related to unfair dismissal, starting with definitions and protections.
The Labour Relations Act provides comprehensive protections against unfair dismissal, ensuring that employees are not dismissed without just cause and fair procedure.
A dismissal is considered unfair if the employer fails to prove that the dismissal was for a fair reason and that it was effected in accordance with a fair procedure. The Act identifies three grounds on which a dismissal may be considered fair: conduct of the employee, capacity of the employee, and operational requirements of the employer.
Automatically unfair dismissals are those dismissals that are inherently unfair, regardless of the reason given by the employer. These include dismissals for reasons related to an employee’s participation in union activities, exercising rights provided by the Act, pregnancy, unfair discrimination, and other reasons specified in the Act. Employees dismissed on these grounds are entitled to significant protections and remedies.
The right not to be unfairly dismissed is fundamental, and employees are protected against arbitrary and unjust terminations of employment. The burden of proof in dismissal disputes lies with the employer, who must demonstrate that the dismissal was both substantively and procedurally fair.