n Without Prejudice - Dismissal of an incarcerated employee : labour law
|Article Title||Dismissal of an incarcerated employee : labour law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Aug 2010|
|Pages||40 - 41|
|Keyword(s)||Cliffe Dekker Hofmeyr|
An incarcerated employee is unable to fulfil one of his main duties as an employee - to tender his service to his employer. An employer cannot reasonably be expected to retain an employee in service where he / she can no longer perform in terms of the employment contract. The question that arises, though, is whether the employee's incarceration gives rise to a justifiable ground related to conduct, incapacity or operational requirements for the dismissal of the employee? The Labour Relations Act 66 of 1995 (LRA) recognises these three grounds as valid reasons for the dismissal of an employee.
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