Unfair Dismissal & CCMA Legal Advice in Johannesburg
Dismissal disputes require a clear assessment of the reason, procedure, evidence and forum. Hugh Raichlin Attorneys assists employers and selected executive-level employees with unfair-dismissal advice, CCMA and bargaining-council preparation, and representation where permitted.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Attorney & Labour Law Consultant
Labour-law experience in disciplinary hearings, the CCMA, bargaining councils and Labour Court matters.
This page is for you if…
- You are an employer responding to a dismissal referral.
- You need advice before taking a dismissal decision.
- An executive-level employment termination is disputed.
- You have a conciliation, arbitration or related court deadline.
How Hugh Raichlin Attorneys can help
With a dismissal or referral issue, the first step is to assess the reason, the procedure, the evidence and the forum, and to identify the relevant dates promptly. Representation rules vary by process and stage, so an attorney is not automatically entitled to appear in every CCMA matter, and settlement discussions do not stop time running.
- Key dates: the referral, hearing or decision date and any deadline already set.
- The dismissal letter, referral documents and any conciliation or arbitration notices.
- The employment contract, applicable policies and hearing or performance records.
- The forum and stage: CCMA, bargaining council, con-arb, arbitration or Labour Court.
Assess fairness and the evidence
We review the reason for dismissal, process followed, records, witnesses and the applicable contractual or statutory framework. Misconduct, incapacity and operational requirements are not the same legal issue.
Prepare for the correct forum and stage
Conciliation, con-arb, arbitration, bargaining-council proceedings and Labour Court processes have different roles and requirements. Preparation includes documents, witness readiness and settlement authority.
Address representation properly
Legal representation is subject to the applicable rules and may require consent or permission in particular proceedings. The firm does not promise an automatic right to appear at every CCMA stage.
What to consider before deciding
Deadlines require immediate attention
Provide the referral, outcome, notice and key dates. Do not wait for a website response on the assumption that an enquiry extends time. Condonation, where available, is not guaranteed.
Settlement and merits need separate consideration
A practical settlement may be worth exploring, but the terms and consequences should be understood. Do not assume compensation or reinstatement is automatic.
Keep records factual
Contemporaneous reasons, process records and witness evidence are important. Reconstructing a justification after the event can create additional problems.
Choosing the right forum and stage
- 1
Internal process
Assess the workplace process and records before external referral.
- 2
Conciliation
Prepare for CCMA or bargaining-council conciliation.
- 3
Arbitration
Prepare evidence and witnesses for arbitration where referred.
- 4
Labour Court
Consider Labour Court proceedings where appropriate.
Not every dispute follows every stage. The forum depends on the dispute, the applicable rules and the relief sought.
The next steps
- 1Identify the parties, dismissal reason, stage and dates.
- 2Review the evidence and relevant procedure.
- 3Prepare the case, settlement approach and any representation request.
- 4Attend or support the permitted process and assess follow-up remedies.
Information to prepare
Employment contract; policies; allegations or notices; hearing/performance records; termination letter; referral and hearing documents; payroll details; witness list and relevant correspondence.
Common mistakes to avoid
Avoid missing time limits, assuming any attorney may appear at every stage, confusing review with an ordinary appeal or promising a predetermined compensation figure.
Relevant experience for your matter
Tshepo Mohapi has practised in labour law since 2012, with experience in disciplinary hearings, the CCMA, bargaining councils and Labour Court matters. His role is tailored to the applicable forum and representation rules.
Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
Labour-law experience in disciplinary hearings, the CCMA, bargaining councils and Labour Court matters.
View Tshepo's profile
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Commercial and litigation experience relevant to employment disputes and business restructuring.
View Hugh's profileSelected published judgments from Tshepo's practice
These civil and commercial proceedings illustrate Tshepo Mohapi's wider litigation experience. They are not presented as reported labour-law or workplace-mediation outcomes.
The judgments record Tshepo Mohapi Attorneys as the instructing practice. These matters form part of Tshepo's professional experience and are not presented as instructions to HRA.
Applebite: business goodwill and passing-off litigation
Tshepo Mohapi Attorneys
Recorded practice: Tshepo Mohapi Attorneys
Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.
[2022] ZAGPJHC 706 · 20 September 2022
Passing-off relief
The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.
[2022] ZAGPJHC 706 (20 September 2022)[2022] ZAGPJHC 866 · 2 November 2022
Opposition to leave to appeal
The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.
[2022] ZAGPJHC 866 (2 November 2022)[2024] ZAGPJHC 22 · 12 January 2024
Appeal dismissed
After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.
[2024] ZAGPJHC 22 (12 January 2024)
These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.
Lumka v BMW Financial Services: rescission proceedings
[2023] ZAGPJHC 641 · 2023
[2023] ZAGPJHC 641
Recorded practice: Tshepo Mohapi Attorneys
Case number: 5301/2021
In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.
This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.
Frequently asked questions
Can you represent me at every CCMA meeting?
Representation depends on the stage, dispute and applicable rules. Consent or permission may be required.
Can I submit a CCMA referral through HRA's enquiry form?
No. The form requests private legal assistance and is not an official filing.
Who is this service primarily for?
Employers and selected executive-level employees. Suitability and conflicts are checked before acceptance.
Can an unfair-dismissal outcome be guaranteed?
No. The evidence, law, process and decision-maker determine the result.
Related services
Legal Insights
Useful sources
- Commission for Conciliation, Mediation and ArbitrationInformation about CCMA referrals, conciliation and arbitration, useful for understanding the official process when a dismissal becomes a workplace dispute.
- Department of Employment and LabourEmployment legislation and official workplace resources for understanding the rules and processes surrounding dismissals and other employment disputes.
- Rules for proceedings before the CCMA - consolidated rulesThe rules for CCMA proceedings, including representation and procedural steps, for understanding the process behind a dismissal referral or hearing.
Get advice before the deadline passes.
Tell us the dismissal reason, stage and dates. We will assess the evidence, forum and the representation the firm can provide.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Where the firm may be able to assist, an attorney ordinarily follows up within one working day after receipt. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Call 011 483 1527 for new enquiries and existing matters, Monday–Friday, 08:30–17:00. For 24/7 AI-assisted enquiry intake, WhatsApp 011 010 8336. You can also email reception@raichlin.co.za.
Please send sensitive documents only when requested through an appropriate channel.