extenuating circumstances

This week Ivan Israelstam explains why it is important for management to understand the difference between mitigating circumstances and extenuating circumstances. He argues that there is a difference - and explains how this understanding relates to provocation and affects decisions to dismiss.

The circumstances of every disciplinary enquiry are different - as are the personal circumstances of the employee involved. Therefore before deciding upon a dismissal decision, the chairperson of a disciplinary enquiry needs to take into account a range of factors in addition to what occurred. Ivan Israelstam explains how the CCMA and bargaining councils have given guidance on how extenuating circumstances should be taken into account.

Subscribe to extenuating circumstances