You Have Been Dismissed From Work. What Now?

There are few sentences in adult life that land heavier than this one: “You are dismissed.”

It may be delivered across a polished boardroom table. It may come in a cramped HR office. It may arrive by email, clinical and bloodless. However it is said, something in you shifts. The room feels smaller. The future feels uncertain.

In South Africa, work is rarely just work. It is school fees paid on time. It is a bond instalment that keeps the bank at bay. It is groceries before the end of the month. It is medical aid for a parent whose body has begun to betray them. It is dignity.

When dismissal comes, it is not merely the loss of income. It can feel like exile.

But here is what too few people are told in that moment: being dismissed does not mean you were dismissed fairly.

We live in a country with one of the highest unemployment rates in the world. Work is scarce. Power in the workplace is rarely equal. An employer controls contracts, payroll and policy. An employee often controls little more than their labour and their hope of stability.

This imbalance is precisely why our Constitution and labour laws insist on fairness. Not perfection. Not immunity from consequences. But fairness.

The Labour Relations Act exists to advance economic development, social justice, labour peace and the democratisation of the workplace. Those are not small words. They mean that even in private companies, power must answer to principle.

An employer may dismiss an employee. But two pillars must stand: substantive fairness — a valid reason — and procedural fairness — a fair process. If one falls, the dismissal may be unfair.

Substantive fairness asks, “Was there a good reason?” Procedural fairness asks, “Was it done the right way?”

Too often, people assume that if they made a mistake, they have no recourse. That is not what the law says. The question is not whether you were flawless. It is whether the employer acted fairly and proportionately.

Before dismissal, you are entitled to know the allegations, receive reasonable notice of a hearing, state your case, have representation, face an impartial chairperson and receive written reasons. These safeguards exist to prevent arbitrary power.

A vague charge, a predetermined outcome or a sanction imposed without considering length of service may all point to unfairness. Fairness is how dignity is protected.

Many employers invoke “zero tolerance” policies. The phrase sounds decisive. But policy does not override law. The Constitutional Court has made it clear that dismissal must be assessed in light of all circumstances: seriousness of misconduct, length of service, remorse, corrective discipline and the impact on trust.

Dismissal is not meant to be reflexive. It is meant to be reasonable.

Even where misconduct is serious, the question remains: was dismissal appropriate — or merely convenient?

If you believe your dismissal was unfair, you have 30 days to refer a dispute to the CCMA or a bargaining council.

Thirty days passes quickly when you are dealing with shock and survival.

The process begins with conciliation. If unresolved, it proceeds to arbitration, where evidence is tested and a binding decision is made. The system is designed to be accessible. You do not need wealth to pursue fairness.

But preparation matters. Evidence matters. Presentation matters.

Many employees think dismissal ends the story. It does not.

If a dismissal is found unfair, remedies include reinstatement, re-employment or compensation. Reinstatement is the primary remedy — reflecting a simple principle: if you were unfairly removed, you should, in principle, be restored.

Not every dismissal will be reversed. Each case turns on its facts. But dismissal is not the final word.

Beyond law, there is human cost.

After dismissal, people often feel shame. They lower their voices. They hesitate to challenge decisions, fearing they will be labelled “difficult.”

But insisting on fairness is self-respect.

We cannot build a constitutional democracy if power in everyday spaces is immune from scrutiny. The rule of law does not stop at factory gates or corporate lobbies.

When someone asks whether their dismissal was fair, they are asking for accountability.

If you have been dismissed: get your dismissal letter, keep documents, record dates and names, act within 30 days and seek advice early.

Sometimes scrutiny confirms fairness. Sometimes it reveals rushed process, thin evidence or excessive sanction.

You deserve to know which.

Our labour system is imperfect. It can be slow. Outcomes are not guaranteed. But its core principle remains powerful: work carries dignity, and dignity demands fairness.

Being dismissed can feel like the end of something vital. In many ways, it is. But it does not end your right to lawful treatment.

If there is one thing to hold onto, it is this: you are more than a payroll number. You are more than an allegation. And the law, at its best, recognises that.

Dismissal may close a chapter. It does not close the Constitution.

And sometimes, asking “Was this fair?” is the first step toward reclaiming both livelihood and dignity.

*The opinions expressed in this article do not necessarily reflect the views of the newspaper.*

DAILY NEWS