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
Purchase cart Previous page Return to chapter overview Next page

 

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).