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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part D - Misconduct

10. Consistency
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As a general rule, the employer should apply the sanction of dismissal in the same way in which it has been applied to other employees in the past4, and consistently as between two or more employees who participate in the misconduct under consideration.

 

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4Consistency is a significant factor to be considered in assessing the fairness of a dismissal. However, inconsistency does not necessarily mean that the dismissal is unfair if the misconduct renders the continuation of the employment relationship intolerable.