What are the five fair reasons for dismissal in CCMA?

The Labour Relations Act provides guidelines for when a dismissal can be considered fair. Here are the five fair reasons for dismissal according to the CCMA:

1. Misconduct

Misconduct occurs when an employee engages in behavior that violates workplace rules, codes of conduct, or ethical standards. Common examples of misconduct that may lead to dismissal include:

  • Dishonesty: Lying, fraud, or stealing from the employer.
  • Breaching workplace protocols: Violating health and safety regulations, such as ignoring Covid-19 safety protocols.
  • Carrying weapons during a strike: Engaging in violent or threatening actions that could harm others.

For dismissal to be fair, the employer must prove that the misconduct occurred and that it is serious enough to justify termination. Proper disciplinary procedures must also be followed, including a hearing and an opportunity for the employee to defend themselves.

2. Incapacity

Incapacity refers to an employee’s inability to perform their duties due to poor work performance, ill health, or incompatibility with the workplace. This category includes situations where:

  • Poor work performance: An employee consistently fails to meet the required standards of their job despite receiving sufficient training and support.
  • Ill health: Chronic illness or disability may make it impossible for an employee to fulfill their responsibilities.
  • Incompatibility: A situation where an employee is unable to work harmoniously with colleagues or cannot adapt to the work environment.

Before dismissing an employee on the grounds of incapacity, the employer must show that they provided support, such as training or reasonable adjustments, to help the employee improve.

3. Redundancy

Redundancy occurs when an employee’s job is no longer needed due to changes in the business. This can happen for various reasons, including:

  • Business closure: If the employer closes the business entirely, employees may be dismissed as their positions are no longer necessary.
  • Workplace closure: When a specific workplace branch or location is shut down, leading to job losses.
  • Reduction in demand for work: If a business decides to reduce or eliminate certain operations or services, some roles may become redundant.

For redundancy to be fair, the employer must prove that the dismissal is due to genuine operational reasons and that all alternatives, such as reassigning employees or retraining, were considered.

4. Statutory Illegality

Statutory illegality refers to situations where continuing to employ an individual would violate the law. This can include:

  • Licensing issues: If an employee is required to hold a specific license or qualification to perform their duties, and they lose this, the employer may have no choice but to dismiss them.
  • Immigration status: If an employee is working without the proper legal authorization (e.g., a work permit), continuing the employment would be illegal.

Dismissal based on statutory illegality requires the employer to prove that continuing employment would breach the law, making the termination a legal necessity.

5. Operational Requirements

Operational requirements are one of the most common grounds for dismissal, particularly in large organizations. This reason allows an employer to dismiss employees when they need to make changes to improve business efficiency. Common examples include:

  • Cost-cutting measures: Downsizing to reduce operating expenses.
  • Reorganization: Restructuring the workforce to meet changing market conditions.
  • Change in business direction: Shifting focus or altering operations to better align with industry trends.

To ensure fairness, the employer must demonstrate that the dismissal is based on the genuine needs of the business, and alternatives to dismissal, such as redeployment or retraining, should be explored.

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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:

  • Bursaries: For eligible students who meet academic and household income criteria (especially for TVET and university students).
  • Loans: For students who do not meet all bursary criteria or who are pursuing postgraduate qualifications not funded under bursary schemes.

✅ Who Qualifies for an NSFAS Loan?

To qualify for an NSFAS loan (especially for postgraduate students or programs not funded under the bursary system), you must:

  • Be a South African citizen.
  • Be financially needy, with a household income of less than R350,000 per year.
  • Have a valid South African ID.
  • Be enrolled or accepted to study at a public university or TVET college.
  • Not be funded through another bursary program that covers all expenses.
  • Maintain satisfactory academic progress (returning students).

📚 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.

If you’re studying:

  • Undergraduate degree or diploma: You are likely eligible for a full NSFAS bursary.
  • Postgraduate study: You may qualify for a loan, depending on the course and funding availability.

📄 Required Documents for NSFAS Application

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

  1. Certified copy of your South African ID or Smart Card.
  2. Parent(s) or guardian(s) ID documents.
  3. Proof of income (latest payslips, UIF, or affidavit if unemployed).
  4. Consent Form signed by your parent(s)/guardian(s) to allow NSFAS to verify income.
  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.
    • Click on “Apply” to begin a new application.

  4. Fill in Your Personal Details

    • Input your ID number, name, surname, and other details exactly as they appear on your ID.
    • Provide household income information and living arrangements.

  5. Upload Required Documents

    • Upload all supporting documents in PDF or JPEG format.
    • Each document must be clear and under the size limit specified.

  6. Submit Your Application

    • Review your application for accuracy.
    • Click “Submit” and wait for a confirmation message.

  7. Track Your Application

    • Log in regularly to check your application status.
    • You will be notified via SMS and email at each stage of the process.

🗓️ 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:

  • Tuition fees
  • Registration fees
  • Accommodation (if living away from home)
  • Meals and transport
  • 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:

  • Income-contingent – you only repay when you can afford to.
  • Administered by DHET (Department of Higher Education and Training).
  • Interest-bearing, but interest rates are low and favorable.

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.
  2. Click on “Track Funding Progress”.
  3. If rejected, click on “Submit Appeal”.
  4. Upload any missing or corrected documents.
  5. Provide a clear explanation or motivation.

📱 NSFAS Contact Information

📝 Final Tips Before Applying

  • Apply early to avoid system overload near the deadline.
  • Use your own email and cellphone number (do not use someone else’s).
  • Double-check that all your documents are certified and legible.
  • Keep a copy of your submission confirmation for reference.

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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