Automatically Unfair Dismissal Referral (s187)
Dismissed for exercising a right, for pregnancy, for union activity, for whistleblowing, or a refusal to take part in an unfair practice.
Forum: Conciliation at CCMA within 30 days → Labour Court adjudication within 90 days of the certificate (s191(5)) · Your case file: R249 · preview free
How this works
- Identify which s187 ground applies to you.
- Download the referral pack (it includes the two-stage calendar).
- Stage 1: refer to the CCMA for CONCILIATION within 30 days (you cannot go straight to arbitration).
- Stage 2: if unresolved, lodge at the LABOUR COURT within 90 days of the certificate — this pack prints that second deadline for you.
Section 187(1) dismissals are deemed automatically unfair — the reason itself is unlawful. The stakes are higher than ordinary dismissal: compensation can reach 24 months' remuneration, and the Labour Court (not the CCMA) decides it after conciliation fails.
No lawyers. No jargon. Citations included.