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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part D - Misconduct

9. The sanction of dismissal

 

Generally, dismissal is only an appropriate sanction if a continued employment relationship is intolerable. Factors to consider when determining this include—

 

(1) the nature and requirements of the job;

 

(2) the nature and seriousness of the misconduct and its effect on the business;

 

(3) whether progressive discipline might prevent a recurrence of the misconduct;

 

(4) any acknowledgement of wrongdoing by the employee and willingness to comply with the employer's rules and standards; and

 

(5) the employee’s circumstances (including length of service, disciplinary record, and the effect of dismissal on the employee).