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Article: Staying well within the letter of the law; All dismissals must be conducted according to fair labour procedure.(Workplace)
- Article from:
- The Star (South Africa)
- Article date:
- November 9, 2009
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BYLINE: Ivan Israelstam
The drafters of the Labour Relations Act of 1995 (LRA) expressly provided for a right to be heard.
In the statute, section 188 of the LRA states that a dismissal is unfair if the employer fails to prove that it was effected in accordance with fair procedure.
The Code Of Good Practice: Dismissal in Schedule 8, which must be considered when decisions on dismissal are taken under the act, makes it clear that while the process can be informal, the employee should nevertheless be told what case he has to meet, and be given a proper opportunity to prepare and present his response.
Important elements of this include ...