Category: Dismissal: Procedural issues

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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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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Operational requirements: s 189A(13) and fair procedure

Numsa obo 733 members v Aveng Trident Steel (Aveng Africa) (Pty) Ltd (J864/15) [2015] ZALCJHB 155 (21 May 2015) per Steenkamp J. The Labour Court declined to reinstate the employees, pending the outcome of a ‘fair’ procedure,...

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