How do you win a CCMA unfair dismissal case?

How to Prove You Were Constructively Dismissed/Fired

If you find that your employer has made your working conditions “intolerable” you can resign and claim “constructive dismissal”, regardless of your contract terms. However, you must ensure that the situation actually does fit in with what “constructive dismissal” is defined as. Many employees who feel that they were unfairly dismissed have lost their cases with the CCMA.

What is constructive dismissal?

According to Section 186 (1) (e) of the Labour Relations Act, constructive dismissal means that an employee terminated his/her contract because the employer made ongoing employment intolerable.

What is required to refer constructive dismissal?

A constructive dismissal claim cannot be processed without any proof. An employee referring the claim must be able to prove that the workplace/situation had become intolerable (and would be intolerable going forward) and that the employment agreement was then terminated by means of a resignation. This should be done in writing to serve as proof.

This doesn’t mean that it’s the end of the road though. The struggle may just be beginning. Employers can tell the CCMA that the allegations are false and that the employee did not resign due to unfair dismissal. They can claim that the employee was dismissed for acceptable reasons, or simply absconded.

In some instances, the situation can become quite complex. Take for example the following:

Anne arrives at work and has to deal with a stressful situation in the office. The boss of the company, surrendering to stress, yells at Anne to “get out and never come back”. Anne leaves and then claims constructive dismissal at the CCMA. After the case proceedings are complete, the Labour Appeal Court rules that because the employer did not make continued employment intolerable, the case is not one of constructive dismissal.

It’s important to note that an argument or harsh words in the work place during an isolated incident does not constitute a situation where continued employment is intolerable. Much the same, resigning as a result of work being harshly commented on or being asked to do something that seems unreasonable to you, are not considered constructive dismissals.

Examples of Workplace Conduct Considered Intolerable

  • Forced transfers
  • Sexual harassment
  • Demotions
  • Non-payment of salaries
  • Abuse
  • Assault

Potential Scenarios that do Constitute Constructive Dismissal

In some instances, an employee can be asked to resign after they have been accused of misconduct. If this happens and they aren’t provided with the opportunity to defend themselves by means of a formal disciplinary, this can be considered constructive dismissal. Another example of constructive dismissal is when an employee is offered the choice between a summary dismissal and retrenchment.

Things to Note When Considering Constructive Dismissal

The CCMA has seen many employees try to falsely claim unfair dismissal. In many instances, a new job offer has been made and the employee is looking for an easier way to resign without consequences. The CCMA takes all dismissal claims seriously and aims to process each case with meticulous care. The evidence and perceptions of both parties will be constructively and subjectively examined before a ruling is come to. It is important to ensure that you have no ulterior motives when processing a claim at CCMA.

The Process

If you have a legitimate claim to process with the CCMA, you must not wait too long. Claims must be processed within 1 month of resigning. Or at least 1 month from your last day of work at the company. Also, make sure that you seek out legal advice before starting the process. You will need to present your evidence and then provide opportunity for the employer to respond.

The CCMA does not make it easy for an employee to claim unfair dismissal. The process is designed to protect those who are legitimately unfairly dismissed. If you would like to process such a claim, we strongly recommend that you seek out legal advice before actually tendering your resignation.

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Complete Guide to NSFAS Online Loan Application for South African Students (2025)

If you are a South African student looking to pursue higher education but are facing financial difficulties, the National Student Financial Aid Scheme (NSFAS) is one of the most accessible funding options available. NSFAS provides financial aid in the form of bursaries and loans to qualifying students at public universities and TVET colleges in South Africa.

This guide will walk you through everything you need to know about the NSFAS loan application process, from eligibility requirements to application steps and frequently asked questions.

📌 What is NSFAS?

The National Student Financial Aid Scheme (NSFAS) is a government-funded financial aid scheme aimed at helping students from low- and middle-income households to access tertiary education without the burden of upfront fees.

NSFAS offers both bursaries and income-contingent loans:

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✅ Who Qualifies for an NSFAS Loan?

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📚 Courses Funded by NSFAS

NSFAS primarily funds undergraduate qualifications, but certain postgraduate programs (e.g., PGCE, postgraduate diplomas in education, and professional courses like LLB) may be considered under the NSFAS loan scheme, not bursaries.

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📄 Required Documents for NSFAS Application

When applying, make sure you have the following documents scanned and ready:

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  5. Proof of registration or acceptance at a public institution.
  6. Academic transcripts (for continuing or postgraduate students).

🖥️ How to Apply for an NSFAS Loan Online

Step-by-Step NSFAS Online Application Process (2025)

  1. Visit the NSFAS Website

    Go to: https://www.nsfas.org.za

  2. Create an Account

    • Click on “MyNSFAS” and register your profile.
    • You’ll need a valid email address and South African cellphone number.
    • Choose a strong password and verify your account via email or SMS.

  3. Login and Start the Application

    • After registration, log in to your MyNSFAS account.
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  4. Fill in Your Personal Details

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🗓️ Important NSFAS Dates (2025)

  • Application Opening Date: September 1, 2025
  • Application Deadline: January 31, 2026
  • Appeals Period: February 2026 (if rejected)
  • Disbursement: After registration and approval

Note: Dates are subject to change; always confirm on the official NSFAS website.

💸 What Does the NSFAS Loan Cover?

NSFAS funding typically includes:

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  • Learning materials (e.g., textbooks)

For loans, repayment is only required once you start working and earn above a threshold (around R30,000 annually, but subject to change).

🔄 NSFAS Loan Repayment

Repayments are:

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You can also apply for a partial loan conversion to a bursary if you perform well academically.

🔁 How to Appeal a Rejected NSFAS Application

If your application is rejected, you may submit an appeal via your MyNSFAS portal:

  1. Log into your MyNSFAS account.
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📱 NSFAS Contact Information

📝 Final Tips Before Applying

  • Apply early to avoid system overload near the deadline.
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By following this guide, you can confidently apply for NSFAS funding and move one step closer to achieving your academic and career dreams—without the burden of immediate financial pressure.

 

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