DISMISSALS: PROCEDURES TO FOLLOW WHEN DISMISSING AN EMPLOYEE

Mmatlou Maria Moloantoa vs Eskom SOC Limited [2024] JR 1281/19 (LC):

In this case, Eskom dismissed an employee for reasons related to conduct, which was considered a fair reason under section 188 of the LRA¹. However, the Labour Court found the dismissal to be substantively unfair as it was ultra vires, i.e., beyond the powers of the employer¹. 

The court also noted that where misconduct involves an element of dishonesty, the dismissal is substantively fair¹.

Food and Allied Workers Union vs Earlybird Farm (Standerton) a division of Astral Operations Limited [2019] ZALCJHB 1 (LC):

This case involved an unfair dismissal dispute where the employees were involved in an unprotected industrial action². The court emphasized that dismissal should be the last resort and should only be imposed where the issue of trust has been properly considered².

Guide on Unfair Dismissals and Labour Practice in SA:

According to this guide, the general procedure for misconduct-related dismissals includes conducting an investigation to determine whether there is proof of the suspected misconduct, making clear charges in respect of the suspected misconduct so that the employee has enough information to prepare for the disciplinary hearing, and giving reasonable notice of the disciplinary hearing³.