n Tydskrif vir die Suid-Afrikaanse Reg - Dismissal, J. Grogan : boekbespreking

Volume 2015, Issue 2
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The law of dismissal is said to be of seminal importance within labour law for several distinct reasons. Employers, lawyers, judges, arbitrators and union officials are confronted with more dismissal matters than any other labour related matter. The commission for conciliation, mediation and arbitration reports that 79% of all cases referred to it in 2012 were dismissal related (http://www.ccma.org.za/Display.asp?L1=36&L2=21&L3=10#10 (02-03-2015)). Substantively, dismissal protection is also important because it allows employees to exercise all other labour rights. So, for example, an employee is only free to participate in industrial action or to disclose information relating to suspected criminal conduct because employers are not free to dismiss employers without fair reason and fair procedure (s 118(a) and (b) of the Labour Relations Act 66 of 1995). This position stands in stark contrast to those jurisdictions where employees may be dismissed for no reason at all (refer for example to Verkuil "Deprofessionalizing state governments: the rise of public at-will employment" 189). As such, dismissals are also of great economic importance as it effects the competitiveness of South African companies globally in a world economy where our labour laws are already perceived to be too stringent (the World Economic Forum ranks South Africa's labour market efficiency at 116th out of 148 countries with 19.4 % of respondents indicating that labour regulations are too restrictive - Schwab (ed) (2013) 347).

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