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

Codes of Good Practice

Dismissal based on Operational Requirements

Schedule 8

Part D - Misconduct

8. Guidelines for deciding a fair sanction

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Any person who is deciding whether a sanction for misconduct is fair should consider—

 

(1)whether the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace;

 

(2)if a rule or standard was contravened—
(a)whether the rule was a valid and reasonable rule or standard;
(b)whether the employee was aware, or could reasonably be expected to have been aware, of the rule or standard;
(c)the importance of the rule or standard in the workplace;
(d)the actual or potential harm or damage caused by the employee's contravention of the rule or standard;
(e)whether the rule or standard has been consistently applied by the employer; and
(f)whether dismissal is an appropriate sanction for the contravention of the rule or standard.