- Title
- Substantive fairness of dismissal for misconduct
- Creator
- Toba, Wilson
- Subject
- Employees -- Dismissal of -- Law and legislation -- South Africa
- Subject
- Labor discipline -- Law and legislation -- South Africa
- Date Issued
- 2004
- Date
- 2004
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- vital:11063
- Identifier
- http://hdl.handle.net/10948/355
- Identifier
- Employees -- Dismissal of -- Law and legislation -- South Africa
- Identifier
- Labor discipline -- Law and legislation -- South Africa
- Description
- In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.
- Format
- 67 pages
- Format
- Publisher
- University of Port Elizabeth
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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