Question

Employee is of the view that she has been dismissed unfairly as a consequence of an operational requirement ( She was the only employee retrenched) and refers the matter to the CCMA Explain fully the dispute resolution processes offered in terms of LRA 66 of 1995 for such dispute

Answer 1

As per Labor relations Act 66 of 1995 and its Amendments, employees can be dismissed only on following basis:

1. Misconduct
2. Incapacity to perform
3. Operational reasons like downsizing or retrenchment

Now since employee was dismissed based on operational reasons and was the sole person and subsequently was not given any form of severance packages neither was given the reason for her sole dismissal, the employer stands guilty for violation of principles of dismissal of employees even due to operational reasons as per LRA 66 of 1995.

The employer might be asked to sopve dispute woth the employee or pay legal fines or must pay for his severance package as decided by CCMA.