The types of dismissal
Your employer called it one thing, and you are not sure the law agrees.
The name your employer gives a dismissal and the name the law gives it can differ. This page lays the main types side by side so you can find yours.
The type shapes the argument you make and the evidence you need. A few minutes spent placing your situation is worth it before you act.
Dismissal and forced exit
A straightforward unfair dismissal is when you are let go without a fair reason. If you were pushed out until you resigned, that may be constructive dismissal, and an ultimatum to quit is a forced resignation.
Dismissed for a reason
If the reason was your conduct, that is a misconduct dismissal, which usually requires a fair process.
If it was your work, that is a poor performance dismissal, which should involve real warnings and a genuine chance to improve.
Retrenchment and probation
A retrenchment should be about the job disappearing, not the person. It can be challenged if it was not genuine or fair.
Being let go on probation is not the end of the story, because probationers have real rights.
Not sure which one?
If two or more of these seem to fit, that is normal. Start with the closest match, and do not let the 60-day deadline slip while you decide.
The label is a starting point, not the whole case. A lawyer looks first at what happened and in what order.
If you want a lawyer to act, send a short message with the dates to an independent employment lawyer. They can review the facts and reply on whether and how they can act.
If you are not sure which type of dismissal fits and you are thinking of a claim, send the dates and what your employer did. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does the label my employer used decide my rights?
Not by itself. A resignation can be a dismissal in law, and a retrenchment can be challenged if it was not genuine. What matters is what actually happened, not only the word on the letter.
What if more than one type seems to fit?
That is common. Start with the closest match, and a lawyer can help you frame it correctly. The key is not to let the deadline pass while you decide.
Which type is easiest to challenge?
There is no single answer, because it turns on the facts. A dismissal with no reason, no warning, or no fair process is often the most straightforward to question, whatever it is called.
Keep reading
If you are not sure which type of dismissal fits and you are thinking of a claim, send the dates and what your employer did. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.