Dismissal

This week Ivan Israelstam explains how the word "unfair" is interpreted in labour law, and why it is so important for employers to understand what is regarded as unfair and what is automatically unfair. This is particularly important for employers to understand in relation to reasons for dismissal.

Labour law is mainly devoted to protecting employee jobs and the onus to prove
that
there has been misconduct in the workplace lies heavily on the shoulders of
dissatisfied employers.The
Code of Good Practice stresses that dismissal must be the last resort taken by
employers.

Dismissals could become a whole lot more difficult now that the CCMA sub-rule, which
provides that a legal practitioner may not represent a party in dismissal arbitrations,
has been declared unconstitutional by the Labour Court.

Not even those who make labour law are above it. The government has implemented a set of labour laws with obligations on employers - and they also have to uphold them. The Presidency was hauled before the bargaining council after a senior manager was dismissed. Ivan Israelstam has the full details, and some guidelines for employers.

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