- Title
- The fairness of sanctions for misconduct dismissals
- Creator
- Matoti, Kenneth Augustus Linda
- Subject
- Employees -- Dismissal of -- Law and legislation -- South Africa Economic sanctions -- South Africa
- Subject
- Unfair labor practices -- South Africa
- Date Issued
- 2017
- Date
- 2017
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/45503
- Identifier
- vital:38622
- Description
- The determination of the fairness of the sanction of dismissal depends on a number of factors and is also influenced by various court decisions. One of the factors which play a key role in the determination of the fairness of the sanction is substantive fairness. Substantive fairness can be described as the valid and fair reason for the sanction of dismissal. The employer can only dismiss an employee if the employer has valid and fair reason to do so. Valid refers to lawful reason and fairness involves the consideration of all factors. After this exercise the sanction of dismissal becomes the only appropriate sanction, no alternative sanction can be considered. In evaluating the substantive fairness of the sanction of dismissal, Item 7 of the Code requires the employer to consider whether a rule was in place, the employee was aware of the rule, the rule has been consistently applied and whether the employee contravened a rule or not. If this has not happened the sanction imposed by the employer will be substantively unfair.
- Format
- 84 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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NMMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | KENNETH AUGUSTUS LINDA MATOTI.pdf | 560 KB | Adobe Acrobat PDF | View Details Download |