A group of 15 farmworkers was dismissed. They are told to leave the property at the same time as their jobs end. What can they do?

What Does the Law Say?

If farmworkers are dismissed and evicted then there are specific procedures to follow under ESTA as regards the evictions.

(See:: Case Study)

(See: Solving disputes under the LRA)

What Can You Do?

Fairly Dismissed Wokrers

In the case of a fair dismissal, the workers would lose their right to live on the farm and they would be given two months notice to leave their homes. However, if the farmworkers refuse to leave, the farmer will have to apply to the court for an eviction order.

Unfairly Dismissed Workers

If the farmworkers believe they have been unfairly dismissed, they can refer the case to the CCMA. They can ask a magistrate to allow them to stay in their houses while the CCMA is hearing the case. If the CCMA decides that the dismissal was fair, the eviction proceedings can go ahead following the normal procedures in terms of the law. Obviously if the workers have been successful in keeping their jobs through the CCMA, then it is unlikely that the eviction will go ahead (because there will be no grounds for this).