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.
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.
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.
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.
The book is in pdf format.
The book is 10 MB in size and consists of 437 pages.
|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|
|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|
|735||Desertion as a form of misconduct|
|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|
|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|
|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|
|1050||Assessing retrenchment disputes|
|CHAPTER NINE: REMEDIES FOR UNFAIR DISMISSAL|
|1110||Remedies for unfair dismissal|