n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Blurring the lines between incapacity, misconduct and operational requirements : : case comments




It is now required and accepted that an employer seeking to dismiss an employee has to fit the dismissal into one of three categories. Section 188 of the Labour Relations Act 66 of 1995 ('the LRA') requires the employer to show that the reason for dismissal is a fair reason related to the employee's conduct or capacity or based on the employer's operational requirements.


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