Retrenchment, unfair dismissal, the CCMA, notice pay, UIF and restraints of trade explained in plain English.
No. If you are retrenched for operational reasons, your employer must pay severance of at least one week's remuneration for each completed year of continuous service. You only lose that pay if you unreasonably refuse a suitable alternative job.
5 min read · Reviewed 4 Sep 2026
The minimum notice is one week if you have been employed for six months or less, two weeks if more than six months but not more than a year, and four weeks if you have been there more than a year. Your contract can give more notice but not less.
5 min read · Reviewed 4 Sep 2026
You refer an unfair dismissal by completing a CCMA referral form (LRA 7.11), serving a copy on your employer, and filing it with the CCMA within 30 days of the dismissal. It is free, and you do not need an attorney to do it.
5 min read · Reviewed 4 Sep 2026
Nothing. Referring a dispute to the CCMA is free, there is no filing fee at any stage, and you may represent yourself. The only costs that arise are your own, such as transport, copies, or an attorney if you choose to use one.
5 min read · Reviewed 4 Sep 2026
Usually not. Before dismissing you for misconduct your employer must give you a fair chance to state your case. Skipping that step normally makes the dismissal procedurally unfair, even if the reason for dismissing you was a good one.
5 min read · Reviewed 4 Sep 2026
You claim UIF unemployment benefits from the Department of Employment and Labour, either at a labour centre or online through uFiling. You need your ID, the UI-19 from your employer, your banking details and a certificate of service, and you should apply as soon as possible after your last day.
5 min read · Reviewed 4 Sep 2026
A restraint of trade is valid in South Africa unless it is unreasonable. A court will ask whether your former employer has a real interest worth protecting, and whether the restraint goes further than needed in time, area and scope.
5 min read · Reviewed 4 Sep 2026
Constructive dismissal is when you resign because your employer made continued employment intolerable. It counts as a dismissal in law, but you must prove it, and resigning is the last step rather than the first.
5 min read · Reviewed 4 Sep 2026
Yes. Annual leave that has accrued and not been taken must be paid out when your employment ends, whether you resigned, were dismissed or were retrenched. Sick leave and family responsibility leave are not paid out.
5 min read · Reviewed 4 Sep 2026
A simple CCMA case can be finished in about two to four months. Conciliation is aimed at happening within 30 days of the referral, arbitration follows if it does not settle, and an award normally comes within about two weeks of the hearing ending.
5 min read · Reviewed 4 Sep 2026
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