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n Tydskrif vir die Suid-Afrikaanse Reg - A Practical Guide to Disciplinary Hearings, M. Opperman : book review

Volume 2013, Issue 3
  • ISSN : 0257-7747
USD

 

Abstract

An employer has a right to discipline his or her employee(s). In addition, disciplinary measures instituted by an employer against an employee could, in some instances, result in the dismissal of the employee concerned. However, for that to happen, an employer must have a fair reason to dismiss an employee. Secondly, such a dismissal should invariably be preceded by a fair process. For an employee's dismissal to be fair it has to comply with substantive and procedural fairness. Substantive fairness, on the one hand, is about the reason for the dismissal and there are only three such reasons recognised in labour law. These are dismissals based on the of an employee, the of an employee and the of an employer's business (s 188(1) of the Labour Relations Act 66 of 1995 (the LRA)). Procedural fairness, on the other hand, is all about the fairness of the procedure adopted in dismissing an employee. Thus, having a legitimate reason alone is not sufficient to effect a fair dismissal. This has produced a misconception in some quarters that labour law favours employees at the expense of employers. This does not have to be the case if those who wish to discipline and, even, dismiss an employee have the necessary know-how. Unfamiliarity with the relevant labour law provisions and steps to follow in disciplining and, where apposite, dismissing an employee could lead to a situation where an employer turns a blind eye to the offending behaviour of an employee or a situation where an employer dismisses an employee without following the prescribed steps.

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/content/ju_tsar/2013/3/EJC138754
2013-01-01
2016-12-11

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