What can I do if I am unfairly dismissed at work?

With South Africa’s unemployment rate being at a fourteen- year high of 27,7%, many employed workers fear losing their jobs and having to find alternative employment. But, it isn’t that easy to fire an employee.

Every South African worker is protected by strict employment laws, which ensures that they are correctly treated, paid fairly and protected against any form of exploitation by their employers. That said, employees also have to abide by the rules and regulations that companies have in place to create a safe and productive work environment, and if they don’t could risk being dismissed.

When it comes to firing employees, employers and companies also have to follow the law to the letter. There are basic employment rules and procedures that govern the process for a dismissal to be fair and legal.

When is a dismissal unfair?

Being dismissed from a job is potentially unfair and illegal if it’s not based on fair reasons and the procedure set out in the company’s code of conduct, which should be in line with South African employment laws, isn’t followed.

In certain circumstances, a dismissal is automatically unfair. This is where for example an employee is fired because they are pregnant, belong to union, participate in a legal strike or because they are a certain race or have a certain sexual preference etc.

As mentioned above, workers are entitled to procedural fairness (meaning, a proper procedure must be followed) when it comes to a potential dismissal.

  • The employee must be informed of the allegations against them. It must be conveyed in writing, in a way and language that is easily understood.
  • The employee must also be given a reasonable time to prepare a response to the allegations, and also of where and when a disciplinary hearing will take place.
  • At the disciplinary the employee must be given an opportunity to state their case, to present evidence and to question any witnesses.
  • Unfortunately, legal representation isn’t usually allowed as it is still an internal matter, but the employee may be represented by colleague or shop steward.
  • After the hearing, once a decision has been taken, the employee must be informed of the decision (again preferably in writing) and of any sanction against the employee. If the sanction is dismissal, the employer must give clear reasons why this decision was made.

What steps can be taken if an employee is unfairly dismissed?

Of course, if a dismissal was unjustified, an employee can approach their union for assistance or refer the matter to the CCMA or the Bargaining Council (if applicable). The case must be referred within 30 days of the date of dismissal. If it is referred later, good reasons will have to be provided and the CCMA or Bargaining Council could refuse to assist.

  • A dismissed employee who would like to register a dispute at the CCMA needs to complete LRA Form 7.11. These forms can be obtained free of charge from the offices of the CCMA or downloaded from the CCMA website www.ccma.org.za.
  • The LRA form 7.11 consists of only five pages and is user-friendly and easy to complete. The form also provides instructions on what steps to follow when referring a dispute. Employees that need clarification on the completion of the form may contact the CCMA for advice.
  • Once the referral has been done, the CCMA will confirm a date for conciliation.  Unfortunately, at this stage, No legal representation is allowed at conciliation stage.

The Commissioner will attempt to settle with the employer and employee, failing which a certificate of outcome will be provided to the employee to refer the matter to Arbitration.

At Arbitration stage the employee will be allowed to have legal representation and present evidence and call witnesses.

What happens if the dismissal is deemed unfair?

If a dismissal is found to be unfair, the employee could potentially be reinstated or re-employed, or get compensation money. Reinstatement means the employee gets their job back as if they were never dismissed. Re-employment means the employee gets their job back but starts as they are a new employee.

An employee is more likely to get compensation if:

  • They don’t want the job back, and the circumstances surrounding the dismissal would make the relationship between the employee and the employer intolerable
  • It is not reasonably practical for the employer to take the employee back.
  • The dismissal is unfair basically because the employer failed to follow a fair procedure, but there was a good enough reason for dismissal
  • An employee could get up to 12 months’ wages as compensation for unfair dismissal (procedural or substantive unfairness). If the dismissal was automatically unfair, the worker could get up to 24 months’ wages as compensation.

As stipulated, this is a beginner’s guide to unfair dismissal, so it’s always a good idea to do some additional research when dealing with unfair dismissal in the workplace.

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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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