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 [...]
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 [...]
Schedule 8 of the Labour Relations Act (LRA) serves as an important guideline for fair dismissals in South Africa, ensuring both procedural and substantive fairness. It helps employers maintain fair disciplinary and dismissal practices while protecting employees from arbitrary terminations. The CCMA relies on these guidelines to assess unfair dismissal claims and enforce equitable labour [...]
The Minister of Employment and Labour recently issued a Notice in the Government Gazette providing a Draft of the Code of Good Practice (hereinafter referred to as "the Draft"). The Draft proposes specific amendments to Schedule 8 relating to dismissals, which may lessen stringent procedural expectations, simplify disciplinary procedures, facilitate dispute resolution, and holistically consider [...]