Substantive fairness is a cornerstone of labour law in South Africa, particularly as outlined in Schedule 8 of the Labour Relations Act (LRA). This concept ensures that dismissals, whether for misconduct, incapacity, or operational requirements, are not only procedurally correct but also substantively justifiable. Here’s a closer look at the principles and their practical implications, supported by relevant case law.

By Arlene Jacobs
Senior Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)