n Without Prejudice - Fair or lawful : which is paramount? : employment law
|Article Title||Fair or lawful : which is paramount? : employment law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Fasken Martineau|
|Publication Date||Nov 2015|
|Pages||16 - 17|
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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