LLA 380 Real reason for dismissal- causation and disguised dismissals

R200.00

Context: 

This article forms part of the series discussing dismissal as the first issue in an unfair dismissal dispute. It explains the question of causation –the real reason for the dismissal and what takes place when a dismissal for one reason is disguised as a dismissal for another reason.

 Content:

The article explains the need which arises from the way the Labour Relations Act, 1995 has been constructed to determine the real reason for the dismissal and discusses the question of legal causation. The article continues to discuss what takes place where the employee does not know- or alleges that she does not know the reason for her dismissal. The final section discusses disguised dismissals- that is where an employer dismisses an employee for one reason but the real reason is found to be some other reason altogether.

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