LLA 410 Introduction to fair dismissal



This is the first article in the series concerning the unfair dismissal of employees. The article explains the constitutional foundation of our law and then examines the principles on which the concept of a fair dismissal is founded.


The article begins by examining the Constitutional right to fair labour practices, then discusses the components and the scope of such practices as well as what ‘fairness’ means. The article then suggests a number of principles on which our law of unfair dismissal is founded.

Table of Contents

1.    Introduction

2.    The impact of the Constitution on labour law

3.    The components of a fair labour practice

4.    The scope of the fair labour practice

5.    The concept of a labour practice

6.    The concept of fairness

7.    Principles of a fair dismissal as a fair labour practice

7.1       First principle: Fairness

7.2       Second principle: Mutual respect

7.3       Third principle: Right to dismiss employees fairly

7.4       Fourth principle: Right to be heard – the ‘audi alteram partem’ rule

7.5       Fifth principle: Right of an employer to set rules and standards of behaviour

7.6       Sixth principle: To correct, not punish

8.    Conclusion




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