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

Notices

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

Extension to Non-parties of the Main Collective Agreement

Annexures

Annexure F : Schedule 8 - Code of Good Practice : Dismissal

7. Guidelines in case 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 is an appropriate sanction for the contravention of the rule or standard.

 

 


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