Whether or not a dismissal is fair or unfair?

Whether or not a dismissal is fair or unfair, is determined by the procedure followed in accordance to Schedule 8 of the Labour Relations Act, under the Code of Good Practice: Dismissal. This Act emphasises three grounds on which a termination of employment might be fair. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer’s business. In order for the dismissal to not be automatically unfair, the employer has to prove that the termination of the contractual agreement was based on these grounds and the dismissal has not been in contravention to section 187 of the LRA.

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Employment and Labour on negative impacts of Cape Town taxi strike

Cape Town taxi strike negatively impacts services of the Department of Employment and Labour The Department of Employment and Labour in the Western Cape would like to inform the public that its services provided at Labour Centre’s around Cape Town are currently being negatively affected by the taxi strike. It should...

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Employment and Labour on National Minimum Wage Act penalties

Dr Pravine Naidoo from the Advocacy & Stakeholder Relations unit in the Department’s Inspection and Enforcement Service told the seminar that employers who pay their employees less than the set national minimum wage face fines. Dr Naidoo was addressing an advocacy seminar at Mark Strasse Civic centre at the uMhlathuze Municipality...

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Employment and Labour on proposed amendments to the employment equity law

Employment equity law will permit employers to raise justifiable grounds for non-compliance – Department of Employment and Labour The proposed amendments to the employment equity (EE) will provide a double-pronged flexibility in that they will allow employers to consult & self-regulate their equity targets, while also allowing employers to raise justifiable...

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Employment and Labour calls for submission of claims by all domestic employees injured or acquired occupational diseases from 1994

Compensation Fund calls all domestic employees injured or acquired occupational diseases from 1994 to submit their claims to the fund Following the 2020 Constitutional Court order which declared section 1(xix)(v) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 invalid, with immediate and retrospective effect to 27 April...

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