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Retrenchment, unfair dismissal, the CCMA, notice pay, UIF and restraints of trade explained in plain English.

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If you have just been dismissed, the most important thing on this page is a number. You have 30 days. Everything else can wait until you have read that part. If you are here for something else, a retrenchment consultation, a contract change you did not agree to, unpaid leave, or a restraint clause in an offer letter, the routing list below will point you to the right guide in one step.

What this area of law covers

Labour law sets the floor under every job in South Africa. Two statutes do most of the work. The Basic Conditions of Employment Act 75 of 1997 fixes minimum standards, which is where notice periods, leave, sick leave, overtime, Sunday pay and severance come from. The Labour Relations Act 66 of 1995 governs dismissal, unfair labour practices, retrenchment and the dispute forums, including the Commission for Conciliation, Mediation and Arbitration, known as the CCMA. The Employment Equity Act 55 of 1998 deals with discrimination and equal pay for work of equal value. The Unemployment Insurance Act 63 of 2001 gives you a claim against the Unemployment Insurance Fund when work ends.

The situations people arrive with are practical. You were fired and you were never given a hearing. You were charged with misconduct and you think the outcome was decided before you walked in. Your employer says the company is restructuring and you are not sure whether the process is a real consultation or a formality. You resigned because the workplace became impossible and you want to know if that counts as a dismissal. You were off sick for a long stretch and came back to a disciplinary notice. Your final payslip is missing leave you had accrued. A new employer wants you but your old contract has a restraint of trade in it.

The system is deliberately built so you can use it without an attorney. The CCMA is free, its staff will help you complete the referral form, and legal representation is not automatic at arbitration for misconduct and incapacity dismissals. That design point matters when you are deciding what to spend.

Where to start, by problem

If you were dismissed and want to challenge it, start with how to refer an unfair dismissal to the CCMA. File first, read the rest later. The referral costs nothing and it protects your position.

If you want to know whether the dismissal was fair at all, read what is a fair reason for dismissal in South Africa. Fairness has two halves, the reason and the process, and an employer must get both right.

If there was no disciplinary hearing, read can I be fired without a disciplinary hearing.

If you resigned because conditions became intolerable, read what is constructive dismissal. This is a hard case to win and the guide is honest about why, but it is a real claim.

If you were dismissed while ill or after long absence, read can I be dismissed for being off sick. Incapacity is treated differently from misconduct.

If your employer is retrenching, read what are my rights during a retrenchment consultation first, while the process is still running, and then can my employer retrench me without paying severance.

If you have been retrenched and need income, read how to claim UIF after being retrenched. This is separate from any CCMA dispute and you can do both.

If your employer changed your job, hours, pay or reporting line, read can my employer change my contract without my consent.

If you are resigning and need to know the notice you owe, read what is the notice period when you resign.

If your final payslip is short, read do I get paid for unused leave when I leave a job.

If a restraint clause is blocking a new job, read is my restraint of trade enforceable.

If you want to know what the process will cost you in time and money, read how much does the CCMA cost, how long does a CCMA case take and how much compensation can the CCMA award.

The deadlines that catch people out

Thirty days for a dismissal. An unfair dismissal dispute must be referred to the CCMA or the relevant bargaining council within 30 days of the date of dismissal. The clock runs from the dismissal, not from the day you gave up hoping the employer would change its mind, not from the day your internal appeal was decided, and not from the day your final payslip arrived.

Ninety days for an unfair labour practice. That covers unfair conduct about promotion, demotion, training, benefits, and unfair suspension. The clock runs from the act or from the day you became aware of it.

Late means condonation. A late referral is not automatically dead, but you must apply for condonation and explain the delay, the length of it, your prospects of success and the prejudice to the other side. It is an extra application, it can be refused, and it is the most common reason a good case never gets heard.

After conciliation. If the dispute is not resolved, a certificate is issued and there is a limited window to request arbitration. Diary it the day you receive the certificate.

Reviewing an award. Taking a CCMA arbitration award on review to the Labour Court has its own time limit, running from the date the award was served on you.

UIF. Apply as soon as work ends. Do not wait for the outcome of a dismissal dispute.

The CCMA deadlines calculator works all of these out from your dates.

What it costs, and what is free

The detail is on what does labour cost. The headline is that the main forum charges nothing.

The CCMA is free at every stage. Referring, conciliation, arbitration and the award all cost you nothing, and you may represent yourself throughout. Bargaining councils in your sector work the same way. The Department of Employment and Labour enforces unpaid money owed under the Basic Conditions of Employment Act, such as notice pay, leave pay and severance, at no charge. If you belong to a trade union, an official represents you at no extra cost. Legal Aid South Africa applies a means test and takes some labour matters. University law clinics and community advice offices take others.

What you pay for is a private attorney, and the most useful thing to buy is usually advice and preparation rather than an appearance, since representation at arbitration in misconduct and incapacity matters is not automatic.

The mistakes that cost the most

Waiting for the internal appeal. People let 30 days pass because HR said the appeal was still running. The CCMA clock does not pause for internal processes.

Resigning to make a point. Resignation ends the employment relationship and usually ends the unfair dismissal claim with it. If you are being pushed, get advice before you write the letter.

Signing a mutual separation agreement on the day. These almost always include a waiver of your right to refer a dispute. Once signed, the CCMA route is generally closed. Take it home and read it.

Treating a retrenchment consultation as an announcement. Consultation means the employer must genuinely consider alternatives you raise. If you say nothing during the process, you have far less to argue about afterwards.

Arriving at arbitration with a story instead of documents. Bring the contract, payslips, the charge sheet, the hearing notes, warnings and the dismissal letter, in date order.

Assuming an attorney can appear for you. In a misconduct or incapacity arbitration the commissioner decides whether legal representation is allowed. Agree with any attorney upfront what happens to the fee if it is refused.

The tools on this site that help here

  • CCMA deadlines works out your referral deadline, whether you already need condonation, and every date that follows.
  • Notice period tells you the minimum notice either side must give based on your length of service.
  • Retrenchment package works out the minimum severance, notice and leave payout the law requires.
  • Leave payout works out the annual leave you are owed when you leave.
  • Sick leave tracks your paid sick days over the three year cycle the law actually uses.
  • Overtime pay works out overtime, Sunday and public holiday pay from a monthly salary.
  • UIF benefits estimates what the fund will pay you and for how many days.
  • CCMA referral checklist is everything to gather before you complete the referral form.
  • Grievance letter to your employer puts a problem on record before it becomes a dismissal.
  • Resignation letter with notice gives proper notice and asks for your certificate of service and leave pay.

When you need an attorney

Get one when the dismissal may be automatically unfair, for example for pregnancy, union membership or activity, or a protected disclosure, because the law is more technical and the compensation cap is higher. Get one when the claim is discrimination or equal pay under the Employment Equity Act, which follows its own route. Get one when you are outside the 30 or 90 day deadline and need a condonation application that will be properly argued. Get one when the matter is going to the Labour Court, whether as a retrenchment dispute or a review of an award, because costs orders there are real. Get one when a former employer is enforcing a restraint against you in the High Court, often urgently. Get one when the employer has senior counsel or an in house labour team and the amount at stake justifies matching them. And get one to read a settlement agreement before you sign it, because that signature is usually final.

For everything else, phone the CCMA on 0861 16 16 16 and refer the dispute yourself. LawMatch is not a law firm. This page is general information about South African law, not legal advice about your situation.

All labour guides

Can you be dismissed for being drunk or using drugs at work?

Yes, being under the influence of alcohol or drugs at work is misconduct, and in safety-sensitive jobs dismissal for a first offence is often fair. But if the employee is dependent on alcohol or drugs, the employer must usually treat it as incapacity and consider counselling or rehabilitation first. A positive cannabis test on its own does not prove impairment, and the Labour Appeal Court found a dismissal on that basis unfair in 2024.

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What must be in an employment contract?

South African law does not require an employment contract to be signed, but section 29 of the Basic Conditions of Employment Act requires every employer to give a new employee written particulars of employment on the first day, covering pay, hours, leave, notice and more. Whatever the document says, it cannot take away the minimum rights in the BCEA, the National Minimum Wage Act or the Labour Relations Act.

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What is the maximum UIF payout?

The most anyone can receive from a single UIF unemployment claim is R67 455.06: R221.28 a day for the first 238 days and R116.46 a day for the remaining 127 days. That is the figure the Minister of Employment and Labour gave Parliament in September 2026. To reach it you must have earned at least the earnings ceiling of R17 712 a month and have 365 credit days, which takes four years of contributions. Most people receive considerably less.

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Verbal, written and final warnings: what is the difference?

A verbal warning is the lowest formal step for minor misconduct, a written warning is the next step for repeated or more serious conduct, and a final written warning tells you that the next offence may lead to dismissal. The law sets no fixed validity period: common practice is about three, six and twelve months, but your employer's disciplinary code decides. An employer may skip steps for serious misconduct, and an unfair warning can be appealed, grieved or, in some cases, referred to the CCMA as an unfair labour practice.

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What is dereliction of duty and gross negligence at work?

Dereliction of duty is a deliberate or careless failure to do work you are able and required to do. Gross negligence is an extreme failure to take the care a reasonable employee in your position would take. Both are misconduct, which the employer must prove, and both are different from poor performance, where the employee tries but cannot meet the standard. Gross negligence can justify dismissal for a first offence, but ordinary negligence usually calls for a warning.

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What counts as insubordination at work?

Insubordination is a wilful and serious refusal to obey a lawful and reasonable instruction, or conduct that deliberately and seriously challenges the employer's authority. Rudeness on its own is insolence, and failing at a task you cannot do is poor performance, not insubordination. You may refuse an instruction that is unlawful, seriously unsafe or plainly outside your job, but in most other cases the safer course is to obey and then raise a grievance. Dismissal for a first offence is fair only where the defiance is gross.

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What are your rights if you work on a public holiday?

A public holiday that falls on a day you would ordinarily work is a paid day off, and your employer can only require you to work it if you have agreed. If you do work it, section 18 of the BCEA entitles you to at least double your ordinary daily wage or, if greater, your daily wage plus pay for the hours worked. When a public holiday falls on a Sunday, the following Monday is also a public holiday.

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What are the rules for sick leave in South Africa?

Paid sick leave in South Africa runs over a three-year cycle from the day you start, not per calendar year. In each cycle you get the number of days you normally work in six weeks, which is 30 days on a five-day week, but in your first six months you build it up at one day for every 26 days worked. Your employer can refuse to pay for an absence of more than two consecutive days, or a third absence in eight weeks, if you do not produce a valid medical certificate when asked.

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Is a clinic sick note valid for work?

Often, yes. The BCEA accepts a certificate from a medical practitioner or any other person who is certified to diagnose and treat patients and is registered with a professional council, so a note from a clinic doctor, or from a suitably qualified professional nurse registered with the Nursing Council, can be valid. A mere "certificate of attendance" usually is not, because it does not say you were unable to work. A note from a traditional healer generally does not qualify for paid sick leave while the healers' registration system is not working.

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Is a bonus or 13th cheque a legal right?

No law in South Africa requires an employer to pay a bonus or a 13th cheque. You are entitled to one only if your contract, a policy that forms part of it, a collective agreement or an established practice gives you that right. Even a discretionary bonus must be handled fairly, and an arbitrary refusal can be challenged at the CCMA as an unfair labour practice.

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How to run a disciplinary hearing as an employer

A fair disciplinary hearing is an enquiry, not a trial. Investigate first, put clear charges to the employee in writing, give reasonable time to prepare, appoint a chairperson who was not involved, let the employee be assisted by a fellow employee or shop steward and answer the evidence, then decide on guilt and sanction separately and record everything. The Code of Good Practice: Dismissal, 2025 lets smaller employers keep it simple.

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How to prepare for a disciplinary hearing as an employee

Read the charge sheet closely, ask in writing for particulars, the documents and the witness list, and ask for a postponement if you have not had reasonable time. Choose a fellow employee or shop steward to assist you, prepare your own witnesses and evidence, and prepare mitigation even if you deny the charge. If you are dismissed, appeal if the code allows it, but refer the dispute to the CCMA within 30 days without waiting for the appeal.

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How to dismiss an employee fairly: an employer's checklist

To dismiss fairly you need a fair reason, which must relate to the employee's conduct, capacity or your operational requirements, and a fair procedure that gives the employee a real chance to respond. The Code of Good Practice: Dismissal, 2025 lets small businesses use simpler, proportionate procedures, but not skip fairness. Get the notice, final pay, certificate of service and UIF paperwork right, because a CCMA referral can follow within 30 days.

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How to claim UIF online, step by step

You claim UIF unemployment benefits online on the Fund's UIF Online portal at uifonline.labour.gov.za, not on uFiling, which now says it no longer processes employee claims. You register a profile linked to your ID number, complete your contact, work-seeker and banking details, upload your UI-19 and supporting documents, and submit. After approval you must keep confirming, roughly every four weeks, that you are still unemployed and looking for work.

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How to claim the UIF illness benefit

The UIF illness benefit replaces part of your income when illness keeps you off work for at least seven days and your employer has stopped paying you, or is paying less than your normal wage. It is paid on the same sliding scale as the unemployment benefit, out of the credit days you have built up. You claim on form UI-2.2, completed partly by your doctor, with forms from your employer, within six months of the illness starting.

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How to check your UIF claim status, and what each status means

You check a UIF claim by logging in to the Fund's UIF Online portal at uifonline.labour.gov.za, by calling the UIF call centre on 0800 030 007, or by taking your reference number to a labour centre. The Fund publishes no official glossary of statuses, so this guide explains what each common status means in practice and what to do about it. A status that has not moved for several weeks usually means something is missing, most often your employer's declarations.

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How much annual leave do you get in South Africa?

The Basic Conditions of Employment Act gives you at least 21 consecutive days of paid annual leave for every 12-month leave cycle, which is 15 working days on a five-day week or 18 on a six-day week. By agreement, leave can instead build up at one day for every 17 days worked, or one hour for every 17 hours. Your employer may decide when you take it if you cannot agree, but must let you take it within six months after the cycle ends, and the Labour Court has held that statutory leave not taken by then is generally lost.

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How long does UIF take to pay out?

There is no deadline in the law for the UIF to pay. A complete claim, where your employer's declarations are up to date and your documents and bank details are correct, is commonly reported to produce a first payment within about four to eight weeks. Claims with missing employer records can take months. If yours is late, check the status, ask the labour centre in writing what is outstanding, and escalate through the call centre, the UIF complaints email and, if you are refused, an appeal.

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