Labour Relations Act 66 of 1995
statute · s187(1)(f) · 94%
A dismissal is automatically unfair if the reason for the dismissal is that the employee participated in a protected strike...
Legal AI
·2024/LIT/0847 · South AfricaLexoraunverified
Based on the available corpus, an automatically unfair dismissal under the Labour Relations Act 66 of 1995 (LRA) requires proof that the reason for dismissal falls within the grounds listed in section 187(1)(f). In Nkosi v Transvaal Logistics, the pleaded case alleges dismissal for participation in protected strike action.
Key requirements:
1. The employee must establish a dismissal occurred (s186).
2. The reason must relate to a ground in s187(1)(f) — here, participation in a protected strike.
3. The onus shifts to the employer to prove the reason was fair if the employee makes a prima facie case.
The employer's disciplinary record (Exhibit C) does not reference strike participation as the stated reason, which may weaken their defence.
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