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Covers key grounds such as misconduct, incapacity, and retrenchment or redundancy, and explains evidence and witness questioning during the process. Describes the CCMA referral workflow, including conciliation and arbitration time frames, required forms, document delivery steps, and what happens when no agreement is reached, with arbitration awards and potential Labour Court orders.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/jusdraft-unfair-dismissal-and-the-ccma-fair-reason/502209/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/jusdraft-unfair-dismissal-and-the-ccma-fair-reason/502209.png","ImageObject",300,407,{"name":92,"@type":93},"WPS_1786070896","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-09","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":52},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What makes a dismissal fair under the infographic’s guidance?","Question",{"text":112,"@type":113},"A dismissal must be based on proper and fair reason, and the dismissal procedure must also be fair. The approach should be judged from the worker’s perspective on how they would want to be treated.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What grounds are listed for dismissal that relate to a fair reason?",{"text":117,"@type":113},"The infographic lists misconduct, incapacity due to illness, and retrenchment or redundancy. It also notes that witnesses may be called and evidence questioned.",{"name":119,"@type":110,"acceptedAnswer":120},"What are the key steps and time frames when referring an unfair dismissal to the CCMA?",{"text":121,"@type":113},"An unfair dismissal must be referred within 30 days of dismissal, or special permission is needed if that opportunity is missed. The process involves completing LRA forms 7.11 and delivering the referral documents and proof, then conciliation and—if needed—arbitration within 3 months.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},502209,1791600171,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":34,"category_name":35,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":52,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":8,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":81,"preview_page_count":4},549768072016,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","WHEN IS A DISMISSAL FAIR?  \n# FAIR REASON\n\n_Misconduct.Worker has donesomething seriously wrong._Incapacity.Worker does not dothe job propertly due to illness._Retrenchment or Redundancy  \n_Witnesses may be called and evidence questioned.  \nTHE CCMA REFERRAL  \nCONCILLIATION  \nARBITRATION  \nARBITRATION AWARD  \nJusDraft  \nUNFAIR DISMISSAL&THE CCMA  \nFor a dismissal to be fair it must be based on proper and fair reason.It isimportant to remember that the dimissal procedure must be fair too.Askyourself,if you were in the shoes of a worker how would you like to betreated?  \nO  \nUNFAIR DISMISSAL  \nTHE DISCIPLINARY HEARING  \n-A worker is entitled to notice of any disciplinary steps and charges againsthim/her.  \n-A worker is also entitled to prepare for the hearing and should be givensufficient time to do so.  \n_Attending the hearing is important and an opportunity for a worker topresent his/her case.  \n_No legal representation is allowed apart from representation by a shopsteward or colleague.  \n-A worker must be allowed to see any relevant document/evidenceagainst him/her.  \n_The worker must be allowed to present any mitigating circumstances._Clear reason for any decision taken at the hearing must be given tothe worker.  \nDISMISSAL...WHAT NOW?  \nA dismissed worker can refer the matter to the CCMA or aBargaining Council,but be warned,strict time frames apply.  \nAn unfair dismissal case must be referred within 30 days ofdismissal.If this opportunity is missed,the CCMA will haveto give special permission to hear the matter.  \nAPPROACH THE CCMA&COMPLETE REFERRAL DOCUMENTS  \nIf you have decided to lodge a dispute you need to complete the LRAform 7.11 at your nearest CCMA office.  \nTIP:Remember to sign par 11 to split concillation and arbitration.  \nDELIVER THE REFERRAL DOCUMENT TO THE EMPLOYER  \nOnce you have completed the 7.11 you need to send a copy to theemployer via fax or registered mail.  \nREMEMBER:Keep the fax transmission slip or postal receipt as proof.  \nSEND THE COMPLETED REFERRAL DOCUMENT &PROOF OFDELIVERY TO THE CCMA  \nIt is advisable to send the referral documents and proof of delivery tothe employer and the CCMA via fax,or hand deliver at the nearestoffice.  \nREMEMBER:Keep proof of delivery in case something goes wrong.  \nThe CCMA will inform both parties of a date,time and venue for thefirst meeting,known as Concilliation.The goal of the meeting is toreach an agreement that is acceptable to both parties.Unfortunately,legal representation is not allowed at this stage.  \nIf no agreement is reached,the CCMA will issue a certificate and thematter can be referred for Arbitration (within 3 months).You willhave to complete an LRA form 7.13 and deliver same as in steps 2and 3.Arbitration is a formal process where evidence is presented toprove your case.Legal representation is allowed at Arbitration.  \nAn Arbitration Award is a binding decision and if the employer doesnot comply,may be made an order of the Labour Court  \nOur infographics have been prepared for information purposes only and does not constitute legaladvice or a legal opinion.  \nThe practical application of the provisions of law guide articles will vary depending on the facts ofeach case.The publication,author of the article and companies or individuals providing commen-tary cannot be held liable in any way.  \nIf you are a JusDraft member you can contact our 24-hour legal advice helpline (find the numberdisplayed at the top of every page once logged in).Alternatively,you can contact the Legal Aidadvice line on 0800110110.  \nUNFAIR REASON  \n_The worker did not receive a fairhearing  \n-Or the worker was not given thechance to tell his side of the story_Suspended without payment priorto dismissal","cbCais3MiRtp2gdz","https://ap.wps.com/l/cbCais3MiRtp2gdz","pdf",756983,"English","# FAIR REASON\n## FAIR REASON\n## THE CCMA REFERRAL\n## THE DISCIPLINARY HEARING\n## DISMISSAL...WHAT NOW?\n## APPROACH THE CCMA&COMPLETE REFERRAL DOCUMENTS\n## DELIVER THE REFERRAL DOCUMENT TO THE EMPLOYER\n## SEND THE COMPLETED REFERRAL DOCUMENT & PROOF OF DELIVERY TO THE CCMA","[{\"question\":\"What makes a dismissal fair under the infographic’s guidance?\",\"answer\":\"A dismissal must be based on proper and fair reason, and the dismissal procedure must also be fair. The approach should be judged from the worker’s perspective on how they would want to be treated.\"},{\"question\":\"What grounds are listed for dismissal that relate to a fair reason?\",\"answer\":\"The infographic lists misconduct, incapacity due to illness, and retrenchment or redundancy. It also notes that witnesses may be called and evidence questioned.\"},{\"question\":\"What are the key steps and time frames when referring an unfair dismissal to the CCMA?\",\"answer\":\"An unfair dismissal must be referred within 30 days of dismissal, or special permission is needed if that opportunity is missed. The process involves completing LRA forms 7.11 and delivering the referral documents and proof, then conciliation and—if needed—arbitration within 3 months.\"}]","JusDraft - Unfair Dismissal and the CCMA - Fair Reason | PDF",1791030330]