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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VIII : Unfair Dismissal and Unfair Labour Practice

186. Meaning of dismissal and unfair labour practice

 

 

(1) "Dismissal" means that—
(a) an employer has terminated employment with or without notice;

[Paragraph (1)(a) substituted by section 30(a) of Act No. 6 of 2014]

(b) an employee employed in terms of a fixed term contract of employment reasonably expected the employer—
(i) to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it; or
(ii) to retain the employee in employment on an indefinite basis but otherwise on the same or similar terms as the fixed term contract, but the employer offered to retain the employee on less favourable terms, or did not offer to retain the employee;

[Paragraph (1)(b) substituted by section 30(a) of Act No. 6 of 2014]

(c) an employer refused to allow an employee to resume work after she—
(i) took maternity leave in terms of any law, collective agreement or her contract of employment; or
(ii) was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child;
(d) an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; or
(e) an employee terminated employment with or without notice because the employer made continued employment intolerable for the employee; or

[Paragraph (1)(e) substituted by section 30(b) of Act No. 6 of 2014]

(f) an employee terminated employment with or without notice because the new employer, after a transfer in terms of section 197 or section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer.

[Paragraph (1)(f) substituted by section 30(b) of Act No. 6 of 2014]

 

(2) "Unfair labour practice" means any unfair act or omission that arises between an employer and an employee involving—
(a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee;
(b) unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee;
(c) a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and
(d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.