More than 75% of the over 100 000 disputes referred to the CCMA for conciliation each year, and nearly 90% of disputes referred for arbitration, concern unfair dismissals. This book explains the law with authority, yet in a straightforward way. The author (a lawyer, and a specialist on the topic) answers the following questions:

- Who is an employee?

- What is a dismissal?

- What are the requirements for a fair dismissal?

- What are employers’ and employees’ respective rights and obligations?

- If I have been unfairly dismissed what procedures do I follow, and what are my remedies?

1. Qualifying for the Right to Claim Unfair Dismissal

2. What is a Dismissal?

3. Automatically Unfair Reasons for Dismissal

4. Potentially Fair Reasons for Dismissal: Misconduct

5. Potentially Fair Reasons for Dismissal: Incapacity

6. Potentially Fair Reasons for Dismissal: Operational Requirements

7. The Transfer of Undertakings

8. Dispute Procedures

9. Remedies

André van Niekerk is a practising attorney and a director of Perrott, Van Niekerk Woodhouse Inc. He was formerly legal advisor to the Anglo American Corporation and a member of the team that drafted the 1995 Labour Relations Act and the 2002 Amendment Acts. He is the current President of the South African Society for Labour Law.

Employers and employees who understand the English language will be able to pick up this book, read it and understand it because it is written in simple language…. This is where the importance of this book lies.
R M M Zondo, Judge President, Labour Appeal Court and Labour Court (from the Foreword)

This is an excellent book. It is well written, well organized, and above all practical. No trade unionist, human resources practitioner or labour lawyer, for that matter, should do without it.
Professor Halton Cheadle

Note: This book was very well received in its first edition and went to a second imprint. The second edition brings the work up to date as at 30 September 2003.