Before you Dismiss, Be sure you are not saying Hello to the CCMA!

2014-11-15 23:48

In South Africa, Schedule 8 of the Labour Relations Act, that is the Code of Good Practice: Dismissal in simple terms tells us that in order for dismissal to be fair, an Employer may dismiss an Employee for a fair reason after following fair procedure. It follows that  dismissal can be found to be unfair if no fair procedure or fair reason is present for such dismissal. What follows hereunder is a brief explanation of what constitutes a fair reason (Substantive Fairness) and a fair procedure (Procedural Fairness) for dismissal. Substantive Unfairness

Schedule 8 tells us that:

Any person who is determining whether a dismissal for misconduct is unfair should consider-

(a) whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; and

(b) if a rule or standard was contravened, whether or not-

(i) the rule was a valid or reasonable rule or standard;

(ii) the employee was aware, or could reasonably be expected to have been aware, of the rule or standard;

(iii) the rule or standard has been consistently applied by the employer; and

(iv) dismissal was an appropriate sanction for the contravention of the rule or standard.

In short, an Employer must be able to prove that an Employee is guilty of an offence and that, this specific offence is so serious that it the mitigating factors of the employee do not outweigh its seriousness and thus warrant the Employee's dismissal. South African Labour Legislation is corrective rather than punitive in nature, hence dismissal is only justifiable were the offence is serious in nature. E.g. In a case of theft.   Procedural Fairness

Generally speaking procedural fairness speaks to the Employer notifying the Employee of the Disciplinary Hearing and the procedures followed at the Hearing itself, for example, allowing employee an opportunity to ask the employer's witnesses questions, etc.

Employers are advised to follow the Labour Relations Act, Schedule 8 in relation to the fairness of dismissals.

Follow me on Twitter @mamaroala

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

AB praises selfless skipper

2010-11-21 18:15

Inside News24

 
/News
 

And the Paws24 and Hill's winners are ...

Find out who the winners of our Paws24 pet pics and Q&a competitions are...

 

Paws

Keep your family and pets safe from rabies
5 scientific benefits of owning a cat
Why we love cats
8 great natural remedies for your pet
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.