What is an unfair dismissal?

DISMISSAL must be for a fair reason (substantively fair) as well as in accordance with a fair procedure (procedurally fair), and it can take many forms. What is an unfair dismissal?

Scorpion Legal Protection explains the different situations:

1. Terminating an employment contract unfairly

Your employment contract is terminated by the employer with or without giving you notice, but the contract is terminated without a fair reason or without following the correct procedure as laid out in the Labour Relations Act.

For example, you are dismissed for a fair reason, but the employer never had a disciplinary hearing with you, so the process is unfair.

2. Non-renewal of a fixed-term contract

This can sometimes be a case of unfair dismissal if the person had a reasonable expectation of renewal of the contract. A fixed-term contract is a contract for a limited period of time, for example, hiring a temporary employee to replace someone who is sick or on maternity leave. When the time of the contract comes to an end, so does the employment contract.

But if the employee is given a reasonable expectation that the contract will be renewed, for example the employer verbally or otherwise promises the temporary employee this, then it’s also seen as a dismissal.

The employee will have to prove that there was a reasonable expectation of continued work in order to claim unfair dismissal.

3. Refusing employment after maternity leave

An employer may not dismiss an employee for going on maternity leave. Section 187(1)(e) of the LRA prohibits the dismissal of an employee for any reason related to her pregnancy.

4. Selective re-employment of employees

Selective re-employment is when employees are fairly dismissed and then the employer unfairly chooses to re-employ only some employees.

For example, the employer decides to dismiss employees for participating in an unlawful strike (the dismissal is fair), but then later decides to re-employ certain employees. The employees chosen to be rehired are chosen on unfair grounds, for example, only the men are hired back, or the pregnant employee is not chosen. Those who were not hired back could make a case for unfair dismissal.

5. Constructive dismissal

This is where an employee resigns because he/she cannot continue working because of the conditions of the workplace. In other words, you feel your only choice is to resign because continued employment is intolerable. For example, an employee resigns because of discrimination or sexual harassment.

If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month).

* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.

Last Saturday, Lewandowski scored Bundesliga goals 27 and 28 of the current campaign in Bayern’s 5-1 win over Cologne. It is a new Bundesliga record after 23 matchdays, with Muller having been on 21 strikes at the same stage of the 1971/72 season. As a consequence, “Lewa” is currently ahead of the Bayern legend’s historic campaign, despite missing one game. Lewandowski now needs 12 more goals in the remaining 11 games to match the record, a ratio of 1.1 strikes on average when he is currently scoring at a rate of 1.2 goals per game. In other words, Muller netted a goal every 77 minutes in his record campaign, while Lewandowski is currently scoring every 66 minutes. For a player who once scored five goals in a Guinness World Record-breaking nine minutes, 12 strikes in 11 games does not sound too tricky.

“Yes, he will break the record, I’m sure of it,” Bayern legend and Soccer Laduma columnist Lothar Matthaus told a media round table recently. “He has a fantastic team around him. The team is the key to breaking a record like this from Gerd Muller. So, this is my prognosis for 2021, Robert Lewandowski will break the record from Gerd Muller and score more than 40 goals in the Bundesliga.”

Lewandowski started this season on fire, netting 10 times in his first five games – including all four in a 4-3 win over Hertha BSC – before being rested in Bayern’s first meeting with Cologne. He has since failed to score on only three occassions, and was on 22 strikes at the halfway point of the campaign. Remember, Muller had bulged the net 17 times at this point in his 40-goal campaign. In comparison to Muller, Lewandowski is proving to be more consistent, having netted at least once in all but five games this season. Muller, meanwhile, failed to find the back of the net in 15 of his 34 games in the 1971/72 campaign. The German, though, scored six braces, four hat-tricks, one quadruple and one quintuple, while Lewandowski has five braces, one hat-trick and one quadruple.

Across all competitions, Lewandowski’s 55 goals in 47 appearances in 2019/20 actually outstripped Muller’s best campaign of 50 goals in 48 games five decades ago. He has also won the Bundesliga Golden Boot, the socalled Torjaegerkanone, five times already, including three in succession, with the only other player to achieve this treble being, you guessed it, Muller. The latter lifted the Bundesliga Golden Boot seven times overall, with Lewandowski likely to match this record next season if nothing unforeseen happens.

PIRATES

Greater Mogale City branch cordially invites members to a general meeting at Kwa Lovey (House 6936, Ngavavuma Street, Kagiso 2, on 21 March at 10h00. Members are reminded not to forget the membership fee. Dress code: Any Orlando Pirates replica jersey or branch T-shirt. Attendance will be highly appreciated. Call: Branch PRO 078 499 6244.

PALACIOS ACADEMY

Training has already started and registration continues. Boys and girls between 5 and 20 years old are welcome to register. Registration takes place every Saturday from 09h00 to 11h30 and Thursday from 15h30 to 17h30 at c/o Church & 10th Ave Dolphin Street in Mayfair. You can register at the same venue where the Academy trains. Call or WhatsApp: Ricardo 082 977 7335 or 079 821 1900 or email apprenticeacademy@mweb. co.za. Facebook page: Augusto Palacios Apprentice Academy. Instagram: AugustoPalaciosAppAcademy.

AYOBA REGIONAL LEAGUE TOURNAMENT

The tournament is played on the first Sunday of every month, at eight-a-side and smallsided games astro turf arena in KwaThema Square, from 14 March. Only MySAFA registered U11 teams are welcome, from around Gauteng. Affiliation fee is R500 and deadline is 8 March. Account number for affiliation: 0242522947 (Standard Bank). Call: coach Innocent Mayoyo 084 729 1483.

NEWTOWN ACADEMY

We’ll be conducting special training assessment for players born from 1997 to 2009 in Johannesburg on 6 March from 10h00 to 13h00. Registration is R100 per player. Selected players will join our academy development structure, as we will be travelling around SA to play against GladAfrica Championship teams and topflight development academies for exposure. We’ll also recommend players who are over 20 to various ABC Motsepe League teams. WhatsApp or call: 072 120 2082 or 074 380 5582.