You Still Have Rights — Let Us Help You Prepare Your Case
If your employer says you were dismissed for misconduct, it doesn’t automatically mean you were guilty or fairly treated.
Many employers use “misconduct” as an excuse to get rid of workers unfairly — sometimes without following the law.
At Ubuntu Labour Support (ULS), we help workers challenge unfair misconduct dismissals, prepare for CCMA hearings, and clear their name with confidence and dignity.
1. What Is “Misconduct” in the Workplace?
Misconduct refers to behaviour that your employer claims breaks company rules or policies — such as:
Absenteeism or lateness
Disobedience or insubordination
Negligence or poor performance
Theft or dishonesty
Misuse of company funds or property
Harassment, assault, or offensive language
However, not all misconduct is serious enough to justify dismissal — and your employer must prove that:
1️⃣ You actually committed the offence, and
2️⃣ The disciplinary process was fair and lawful.
2. When a Misconduct Dismissal Is Unfair
A dismissal for misconduct is unfair if:
You were not given a fair hearing or chance to defend yourself.
You were dismissed without proper investigation or warning.
There is no clear evidence against you.
The punishment doesn’t fit the offence (e.g., dismissal for a minor mistake).
The employer was inconsistent (other workers did the same but weren’t dismissed).
The dismissal was in retaliation for raising complaints, safety issues, or grievances.
3. The Law Protects You
Under the Labour Relations Act (LRA), all dismissals must be:
✅ Substantively fair — the reason must be valid and supported by evidence.
✅ Procedurally fair — you must be informed of the charges, given time to prepare, and allowed to state your case before dismissal.
If your employer failed to meet these conditions, your dismissal is unfair, and you can take your case to the CCMA for reinstatement or compensation.
4. How ULS Can Help You
Ubuntu Labour Support assists workers dismissed for misconduct by providing:
A. Case Review and Advice
We assess whether your dismissal was fair or unfair.
We explain your rights and possible CCMA remedies.
B. CCMA Case Preparation
Assistance completing your CCMA Referral Form (LRA 7.11).
Drafting your opening statement and evidence summary.
Organizing your bundle of evidence (emails, warnings, reports, etc.).
C. Hearing Coaching
Practice sessions on how to answer questions at the CCMA.
Tips for cross-examining witnesses and responding to employer allegations.
Guidance on conciliation and arbitration stages.
D. Representation Support
ULS can connect you with trusted labour representatives if you need legal representation at the hearing (at discounted member rates).
5. Documents You’ll Need
To prepare a strong case, bring:
Dismissal or charge letter
Minutes of your disciplinary hearing (if available)
Any warning letters or performance reports
Proof of communication (emails, WhatsApp messages, etc.)
Payslips and employment details
Witness statements, if others can confirm your side of the story
6. Example: Common ULS Cases
ULS has helped many workers win misconduct cases such as:
A cashier accused of theft without proof.
A field agent dismissed for using funds the manager had approved.
A driver dismissed for lateness without considering transport issues.
A sales consultant fired for raising safety concerns.
In each case, ULS helped prepare evidence, submit CCMA forms, and guide the worker through to victory.
Important: Don’t Miss Your 30-Day Deadline
You only have 30 days from your dismissal date to refer your case to the CCMA.
If you missed the deadline, ULS can help you apply for condonation (late filing permission).
📲 Send “MISCONDUCT” to 063 953 4529 (WhatsApp)
📧 Email support@ubuntuls.com
We’ll help you open your case and prepare your CCMA referral within 24 hours.