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

Notices

Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades

Extension to non-parties of the Main Collective Agreement

Annexures

Annexure L : The Code of Good Practice

7. Guidelines in cases of dismissal for misconduct

 

Any person who is determining whether a dismissal for misconduct is unfair should consider—

 

(a) whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; and

 

(b) if a rule or standard was contravened, whether or not—
(i) the rule was a valid or reasonable rule or standard;
(ii) the employee was aware, or could reasonably be expected to have been aware, of the rule or standard;
(iii) the rule or standard has been consistently applied by the employer; and
(iv) dismissal was are appropriate sanction for the contravention of the rule or standard.

 

 


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