The types of dismissal
The name your employer gives it is not always the name the law gives it.
The way a dismissal is described and the way the law treats it are not always the same. This page lays the main types side by side, so you can find the one that fits.
Getting the type right matters, because it shapes the argument you make and the evidence you need. It is worth a few minutes to place your own situation 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 about your conduct, that is a misconduct dismissal, which usually requires a fair process. If it was about 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, and 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. What actually happened, in what order, is what a lawyer looks at first. A short message helps you name it correctly.
If you are not sure which type fits what happened to you, tell us the details and we will help you name it correctly.
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, and it is fine. Start with the closest match, and a lawyer can help you frame it correctly. The important first step is not letting 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 fits what happened to you, tell us the details and we will help you name it correctly.