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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VIII : Unfair Dismissal and Unfair Labour Practice

188. Other unfair dismissals

 

 

(1) A dismissal that is not automatically unfair, is unfair if the employer fails to prove—
(a) that the reason for dismissal is a fair reason—
(i) related to the employee's conduct or capacity; or
(ii) based on the employer's operational requirements; and
(b) that the dismissal was effected in accordance with a fair procedure.

 

(2) Any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act .51

 

51 See Schedule 8, the Code of Good Practice: Dismissal