A dispute must be referred to the Commission for Conciliation, Mediation and Arbitration within 30 days of the dismissal, so get the letter requesting reinstatement to the employer immediately.

Example:

11 January 2015
REGISTERED

The Manager
Mario’s Upholstering
131 Main Street
Upington

Dear Sir

RE: Mr Andre Pieterson – Termination of Services

On Monday 5th January 2015 we spoke on the telephone regarding the dismissal of Mr Pieterson by yourself on the 4th January 2015. I have now discussed the matter further with Mr Pietersen and he has asked us to write to you as follows.

Mr Pieterson advises us that he was taken by surprise by the termination of his services. In our telephone conversation about Mr Pieterson you told me that he had not been dismissed. You said there was a need to reduce staff so Mr Pieterson had been retrenched by the company. If this is the case then it appears that you have not complied with all the guidelines and standards regarding retrenchment as laid down
by the Labour Relations Act.

You have not complied with the requirements for retrenchment in the following ways:
a. by not giving Mr Pieterson reasonable notice of the need for the proposed retrenchment before the decision to retrench was taken
b. by not consulting with the employees or their representatives on the proposed need to retrench employees
c. by not taking all reasonable steps to avoid the retrenchment
d. by not applying fair and reasonable criteria in selecting staff to retrench
e. by not giving Mr Pieterson reasonable notice of your intention to retrench, so as to enable him to make alternative plans for employment.

If the dismissal of Mr Pieterson occurred for reasons other than reduction of staff, we should like to draw the following points to your attention. At no time during the course of Mr Pieterson’s employment with your company was dissatisfaction expressed concerning his work or conduct in the workplace. In addition, Mr Pieterson was given no warning of your intention to dismiss him and he was not given the opportunity
to state his own case or defend himself in a hearing.

In the light of the above, Mr Pieterson submits that there was no sound, substantive reason for his dismissal and the procedures used to dismiss him were unfair. Your actions in dismissing him therefore constitute an unfair dismissal in terms of the Labour Relations Act. In the circumstances, your dismissal of Mr Pieterson is of no legal effect and he still regards himself as being in your employ. Mr Pieterson hereby tenders
his services to you.

We therefore request, on behalf of Mr Pieterson, that you reinstate him in his previous job on the same terms and conditions as applied prior to his dismissal. Should you fail to confirm this in writing within seven days from the date of receipt of this letter, an application will be made to the Commission for Conciliation, Mediation and Arbitration for conciliation, without further notice to you.

However we hope the above action will not be necessary and we look forward to hearing from you before this time.
Yours faithfully
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. Carolus (Advisor)