When it comes to employee dismissal, there are generally two factors that determine whether it becomes an unfair dismissal.
These are known as:
This means that there is a fair or valid reason for the employer to dismiss an employee. Substantive reasons can include:
Procedural fairness refers to an employee’s right to undergo certain procedures before dismissal is finalised.
Despite there being substantive reasons for dismissal, employers are legally obliged to follow steps or procedures that aim to provide the employee with an opportunity to retain their employment.
According to the Labour Relations Act, any of the following acts by an employer are considered grounds for unfair dismissal:
In order for a dismissal to be fair, employers are legally required to adhere to substantive and procedural fairness guidelines.
The Labour Relations Act serves to protect the employee’s rights according to the constitution, preventing them from any suffering caused by unfair dismissal in South Africa.
Our attorneys provide legal advice and assistance for employers and employees to ensure that dismissal is fair and compliant with the relevant legislation. Contact us for more information.
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