Manager dismissed for incapacity by a major bank, turned into an MSA!
Facing a dismissal can feel like the end of the road, especially when you are up against the resources of a major corporation. Recently, our legal team at Legal Leaders and Moolla Attorneys Inc. proved that with the right representation, employees can protect their rights and walk away with both their financial security and professional reputation intact.
Dismissed by a Banking Giant
Our client was a management-level professional employed at a prominent national bank. In June 2026, her employer terminated her contract following an inquiry, citing incapacity on dual grounds of ill-health and incompatibility. Feeling the dismissal was unfair, the client referred the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). Going up against a major financial institution is incredibly daunting, and the initial arbitration proceedings were adjourned, leaving the client in a stressful limbo.
Strategic Negotiation at the CCMA
Our team immediately stepped in to take over the case, attending to all pre-arbitration preparations and representing the client directly at the CCMA. We knew a protracted legal battle could be emotionally draining, so we engaged extensively with the employer’s attorneys to negotiate a settlement. When the initial exchanges regarding the proposed terms proved unsuccessful, our legal representatives strategically approached the CCMA to facilitate the negotiations. This move ultimately secured the direct assistance of a Senior Commissioner to drive the discussions forward and reach a breakthrough.
Financial Security and a Clean Slate
Thanks to relentless negotiation, our office successfully drafted and secured a favourable settlement agreement that completely changed the trajectory of our client’s career. The employer agreed to pay a once-off gross settlement amount of R840,000, which secured our client the equivalent of a full six months of her gross remuneration.
Beyond the financial victory, we made sure to protect our client’s future employability. We secured a strict agreement dictating that the designated contact person at the bank would only disclose that the parties entered into a mutual separation agreement for any future employment references. Furthermore, the employer was legally bound to provide a clean certificate of service that strictly reflects employment details and completely omits the original reason for termination. By securing this agreement, we resolved the dispute amicably and saved our client from the stress of further arbitration.
Don’t Fight Unfair Dismissals Alone
Corporate employers often rely on the assumption that employees lack the legal backing to effectively challenge an incapacity or incompatibility dismissal. This case highlights exactly why expert legal representation is crucial. Our team knows how to manage the CCMA process, leverage the authority of Commissioners, and draft secure settlement agreements that protect our clients’ livelihoods.
