The LRA defines certain dismissals as ‘automatically unfair’. An automatically unfair dismissal must be referred to the CCMA or Bargaining Council for conciliation. If the dispute is not resolved at conciliation then the matter automatically goes to the Labour Court for adjudication. The following reasons for dismissal are invalid and any dismissal will be regarded as ‘automatically unfair’ if the employee is dismissed for:

• Exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.

• Taking part in lawful union activities (ie organising members in the trade union)
• Taking part in a legal strike or other industrial action or protest action
• Refusing to do the work of someone who was on strike
• Being pregnant, or any reason related to pregnancy
• Refusing to accept a change in working conditions
• Reasons that are due to arbitrary discrimination (except that an employer may retire someone who has reached the normal or agreed retirement age, or if the reason is based on an inherent requirement of the job, for example being able to speak a certain language in order to do the job properly)
• A reason related to a transfer following a merger of the company with another organisation
• Where the employee is dismissed following a disclosure made by him in terms of the Disclosure of Information Act.