n Without Prejudice - Fair or lawful : which is paramount? : employment law

Volume 15, Issue 10
  • ISSN : 1681-178X



Any employment lawyer in South Africa will tell you that fairness, and not the terms of the contractual relationship between the employer and the employee, is the yardstick. Was the dismissal fair? Although an employer did not follow its disciplinary policy, did it act fairly? Is it fair to both parties to permit a party to have legal representation at a disciplinary hearing?

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