Dismissal in South Africa is tightly regulated by the Labour Relations Act (LRA). Get the process wrong and even a "deserved" dismissal can be found unfair at the CCMA. This is a general guide — for any actual dismissal, get advice specific to the situation.
This page is general information, not legal advice
Dismissal disputes are common and costly. For anything beyond a straightforward resignation, get advice from a labour lawyer or registered employers' organisation before acting.
Under the LRA, a dismissal is only fair if it is for one of three reasons — and follows a fair procedure:
| Length of service | Minimum notice |
|---|---|
| Less than 6 months | 1 week |
| 6 months to 1 year | 2 weeks |
| 1 year or more | 4 weeks |
Employment contracts may provide for longer notice than these minimums, but never shorter.
Retrenchment requires formal consultation with affected employees (or their union) covering alternatives to retrenchment, selection criteria, and severance pay. Retrenched employees are entitled to at least 1 week's severance pay per completed year of service and can claim UIF unemployment benefits.
Whatever the reason for termination, the employee is owed: outstanding salary up to the last day worked, payment in lieu of any unused annual leave, notice pay (if not worked), and any contractual bonuses accrued. See our Final Payslip Guide and Employee Exit Checklist for the full process.
BCEA minimums are 1 week (under 6 months' service), 2 weeks (6 months to 1 year), or 4 weeks (1 year or more) — contracts can specify longer, never shorter.
No — severance pay is only required for retrenchment (operational requirements), at a minimum of 1 week per completed year of service.
Yes — employees can refer an unfair dismissal dispute to the CCMA, usually within 30 days of the dismissal.
TSS Payroll calculates pro-rata pay, leave payouts and final deductions correctly — every time an employee leaves.
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