Right
Unfair Dismissal at the CCMA: The 3 Tests Explained
3 August 2026
Not every dismissal is unfair — here are the three tests the CCMA applies.
A dismissal is only unfair if it fails one of three tests set out in the Labour Relations Act.
1. Was there a fair reason?
The employer must have a fair reason to dismiss you — misconduct, poor performance, incapacity (ill health), or operational requirements (retrenchment). A vague reason, or no reason at all, is not fair.
2. Was the procedure fair?
Even with a good reason, the employer must follow a fair procedure. For misconduct that means a proper hearing where you can state your case, call witnesses, and be represented. A dismissal without a hearing is almost always procedurally unfair.
3. Was the dismissal automatically unfair?
Some reasons make a dismissal automatically unfair — for example dismissing you for exercising a right, for trade union activities, or for refusing to do something illegal.
What to do
- Act quickly: you generally have 30 days to refer an unfair dismissal dispute to the CCMA.
- Gather documents: your contract, warnings, the dismissal letter, any correspondence.
- Write down a timeline of what happened.
If your dismissal fails the reason or procedure test, you may be entitled to reinstatement or compensation.