Basson, Cristianson, Dekker, Garbers, Le Roux and Strydom (2009) – in Essential Labour Law: Fifth Edition 2009 – state that an unfair labour practice is defined in section 186(2) of the Labour Relations Act as: “any unfair act or omission that arises between an employer and an employee involving – […]
employer
For a dismissal to be valid, it needs to be both procedurally and substantively fair. (To read more about what “substantive fairness” is read our article entitled What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?) Temporary Employment Services (TES) have been in the news recently with regard to […]
Substantive Fairness and Temporary Employment Services
In the article, What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?, we discussed the conditions necessary for a disciplinary hearing to be considered to be fair. What this means is that to pass muster, a disciplinary hearing must possess the quality of procedural fairness. It must also be […]
The Importance of Procedural Fairness in Dismissals
The employment contract – that is entered into between employer and employee – signals the beginning of an employment relationship. There are a number of essential elements that a contract of employment is based on that are useful for employers to know before they draw any of these documents up […]