Category: Dismissal: Procedural issues

Incompatibility or incapacity: Procedural unfairness compensated

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Majoritarianism principle examined: Operational requirements

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Majoritarianism principle discussed: Fundamental rights

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Fatal procedural breach: Consultation process

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Insubstantial policy compliance: LRA s 189A(13) procedure

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Admitting hearsay evidence: Failure to consider

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Jurisdictional procedural challenge: Not operationally justifiable

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Delayed disciplinary process: Inordinate delay is unfair

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair.  From...

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Apply discipline consistently: Valid but unfair reason

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Right to be heard: Avoid formal disciplinary hearings

Workshop being advertised A workshop is currently being advertised for Initiators & Investigators to enable them to investigate, prepare for and present cases for ‘complainants’ at formal disciplinary hearings.  It costs...

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Avoid criminal justice model: Only right to be heard

Uasa – Union obo Fouche v CCMA (Impala Platinum) (JR119/12) [2016] ZALCJHB 312 (19 August 2016) per Morgan AJ. The LC reviewed and upheld an award that found a dismissal was not unfair.  Once again the importance of...

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Inconsistent unfair discipline: Substantive or procedural unfairness

Ethekwini Municipality v Hadebe (DA17/14) [2016] ZALAC 14 ; [2016] 8 BLLR 745 (10 May 2016) per Makgoka AJA [Tlaletsi DJP and Ndlovu JA concurring] Inconsistent unfair discipline does not affect the validity of the reason for...

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