LLA 310 An introduction to dismissal


LLA 310 An introduction to dismissal in terms of the LRA


This article is the first in a series of articles which discuss and explain the law pertaining to dismissal in terms of the Labour Relations Act 1995.

The article explains what is meant by ‘dismissal in terms of the LRA and what is meant by a termination of an employment contract. This is explained in the context of an issue in dispute at the CCMA or council. The defences to an allegation of dismissal are then discussed generally, and specifically in the context of a conciliation  and then an arbitration. An example of a default arbitration award is given in which the issue in dispute is whether an employee was dismissed or not.

Table of Contents

  1. Introduction: an overview of dismissal disputes

1.1      Issue in dispute

1.2      ‘Dismissal’ and ‘termination’

1.3      Dismissal in terms of the LRA

  1. Termination of employment by the employer in terms of s 186(1)(a)
  2. ‘Defences’ to an allegation that the employer terminated the employee’s contact of employment
  3. ‘The employee was not dismissed’
  4. At conciliation
  5. At arbitration
  6. An example from an CCMA award

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