The statutory limits
| Dispute | Maximum compensation |
|---|---|
| Unfair dismissal (substantive or procedural) | 12 months’ remuneration |
| Automatically unfair dismissal | 24 months’ remuneration |
| Unfair labour practice | 12 months’ remuneration |
Compensation is calculated at your rate of remuneration on the date of dismissal.
This is not a prediction
Outcomes at the CCMA depend on the evidence and the commissioner’s assessment of what is fair. This calculator shows the legal ceiling and what different awards would amount to — it cannot tell you what you will receive. Reinstatement, rather than compensation, is the primary remedy where a dismissal had no fair reason.
Worked examples
Unfair dismissal on R18 000 a month
The limit is 12 months’ remuneration — R216 000. The actual award depends on the circumstances and may be much lower.
The legal limit
- Dispute type
- Unfair dismissal (no fair reason)
- Length of serviceOne of the factors a commissioner may consider
- 4 years
- Limit in months Official
- 12 months
- Limit in rand
- R216 000.00
Automatically unfair dismissal (e.g. dismissed for being pregnant)
For automatically unfair dismissals the limit is 24 months’ remuneration — R432 000.
The legal limit
- Dispute type
- Automatically unfair dismissal (e.g. pregnancy, discrimination, union activity)
- Length of serviceOne of the factors a commissioner may consider
- 4 years
- Limit in months Official
- 24 months
- Limit in rand
- R432 000.00
Frequently asked questions
How much compensation can the CCMA award?
Up to 12 months’ remuneration for an unfair dismissal, up to 24 months for an automatically unfair dismissal, and up to 12 months for an unfair labour practice (section 194 of the Labour Relations Act).
Will I get the maximum?
Not necessarily. The commissioner awards what is just and equitable — considering the reason for and manner of dismissal, your losses, your efforts to find new work, and your own conduct. Awards are often below the maximum.
What is an automatically unfair dismissal?
A dismissal for a prohibited reason, such as pregnancy, unfair discrimination, joining a union, taking part in a protected strike, or refusing to do the work of striking employees.
How long do I have to refer a dispute?
An unfair dismissal dispute must generally be referred to the CCMA or bargaining council within 30 days of dismissal. Unfair labour practice disputes must be referred within 90 days. Late referrals need condonation.
Do I need a lawyer at the CCMA?
Not usually. You can represent yourself or be represented by a union official or a co-employee. Legal representation is allowed only in certain circumstances.