It is my view that when the courts refer to section 187 of the LRA as imposing an evidential burden upon the employee to produce evidence which is sufficient to raise a credible possibility that an automatically unfair dismissal has taken place, the significance of this is that such evidential burden is indeed onerous.  Thus conjecture and subjective perceptions as to what could have led to a dismissal as evident from the above summation of the applicant’s case would not carry weight in discharging that onus.

Tlhotlhalemaje AJ in Senekal v Ancro Building Projects CC (JS1090/13) [2015] ZALCJHB 132 (15 April 2015) at para [60].