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LLA 1000 A Practitioner’s Guide to Unfair Dismissal

R800.00

This book provides Practitioners with access to a thorough discussion, explanation and analysis of the law of unfair dismissal as it has been developed by the courts in terms of the Labour Relations Act, 1995.

SKU: SKU1000 Category: Tags: , , ,
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Description

A Practitioner’s Guide to Unfair Dismissal

This book provides Practitioners with access to a thorough discussion, explanation and analysis of the law of unfair dismissal as it has been developed by the courts in terms of the Labour Relations Act, 1995.

Accessible

The book has been written in a style and manner which makes the contents accessible to Practitioners will no or little legal training or background. This is done by avoiding legal jargon and applying the approach adopted by the Plain English school of thought.

Thorough

The book covers every type of form of unfair dismissal dispute which could arise. This includes disputes about whether an employee has been dismissed [section 186(1) disputes], as well as unfair dismissal disputes.

The book provides a discussion of serious forms of misconduct from absence to theft, all of which have been researched.

Dismissals on the ground of the incapacity of an employee are also discussed.

Unique approach

One aspect which is unique is that disputes are summarised in a format which is most helpful too Practitioners.  The elements of each dispute are set out- what the employer must prove and the possible ‘defences’ or responses to the allegation which an employee could use to defend himself.

This makes the contents practical and easy to apply to all labour disputes.

Format

The book is in pdf format.

Downloading

The book is 10 MB in size and consists of 437 pages.

Book Contents

Code Title of Article
CHAPTER ONE: DISMISSAL
310 An introduction to dismissal
315 Workplace rules and dismissal
320 Resignation and dismissal [to be added]
330 Retirement and dismissal
340 Fixed term contract dismissals
350 Constructive dismissal
360 No employment relationship
370 Termination by agreement
380 Causation and disguised dismissals
385 Dismissal demanded by third parties
CHAPTER TWO: UNFAIR DISMISSAL
410 An introduction to unfair dismissal
420 Automatically unfair dismissal generally
430 Automatically unfair dismissal- discrimination
450 Unfair dismissal and unlawful termination
CHAPTER THREE: PROCEDURAL FAIRNESS
500 Principles of procedural fairness
510 Procedural fairness prior to the hearing
520 Procedural fairness during the hearing
530 Procedural fairness after the hearing
540 Some issues concerning procedural fairness
CHAPTER FOUR: SUBSTANTIVE FAIRNESS
615 The elements of substantive fairness
625 Consistency in the application of workplace rules
635 Sanctions for misconduct and poor performance
645 The appropriate sanction
CHAPTER FIVE: FORMS OF MISCONDUCT
701 Forms of misconduct
710 Absence as a form of misconduct
720 Assault as a form of misconduct
730 Derivative misconduct
735 Desertion as a form of misconduct
738 Dishonesty
740 Fraud as a form of misconduct
742 Dismissal on the ground of incompatibility
745 Intimidation as misconduct
755 Intoxication as a form of misconduct
760 Negligence as a form of misconduct
762 Racism as misconduct
765 Dismissal on the ground of sexual harassment
770 Stock loss
775 Theft and alternative forms of misconduct
CHAPTER SIX: DISMISSAL ON THE GROUND OF POOR PERFORMANCE
810 Procedural fairness of dismissal on the ground of  poor performance
820 Substantive fairness of dismissal on the ground of poor performance
830 Probation
CHAPTER SEVEN: DISMISSAL ON THE GROUND OF ILL HEALTH OR INJURY
910 Dismissal on the ground of ill health or injury
CHAPTER EIGHT: RETRENCHMENT
1010 Retrenchment -part 1
1020 Retrenchment – part 2
1030 Mass retrenchment
1050 Assessing retrenchment disputes
1060 Severance pay
CHAPTER NINE: REMEDIES FOR UNFAIR DISMISSAL
1110 Remedies for unfair dismissal