In this video tutorial Natasha provides a step by step guide on what to do when you feel that you have been unfairly dismissed. She defines that an unfair dismissal is and what to do in that case. These are the steps:
- Access the CCMA(CCMA offices are in every province)
- Fill out a 7.11 form.
- Drop it off at the CCMA offices where you will be given a date for you and your former employer to be present. Arrive early.
At this stage, known as the conciliation stage you, your former employer and the commissioner will be present. The commissioner is impartial and will be there to her both sides. At this stage, the commissioner will find out whether the dismissal was unfair and what outcome you want. If no settlement is reached at this stage, a certificate is issued and it goes to the next stage known as the Arbitration stage.
If you decide to go for arbitration you need to fill out a 7.13 form, which is attached to this tutorial. File this form 90 days after the certificate has been issued by the commissioner.
Arbitration is more serious, at this stage you can call witnesses and are allowed a legal representative present. But it is not compulsory to have legal representative. If you cannot afford one, approach pro-bono lawyers or you can even represent yourself. Note that the commissioner listens to everyone, including witnesses and remember that you can also request an interpreter.
After the proceedings, the commissioner will give a judgment in 14 days, which is binding to all parties. If one party does not adhere, this can be taken to the Labour court and the process can continue.