What are the automatically unfair reasons for dismissal?

• making a flexible working request.
• being pregnant or on maternity leave.
• wanting to take family leave, for example parental, paternity or adoption leave.
• being a trade union member or representative.

• exercising any of the rights given by the LRA or participating in proceedings in terms of the Act.
• taking part in lawful union activities.
• taking part in a legal strike or other industrial action or protest action.

What are the 5 potentially fair reasons for dismissal?

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.

What falls under unfair dismissal?

Unfair dismissal is the termination of employment without good cause or a fair procedure or both. The principle of “fairness” is unique to labour law. It's not applied in other areas of law such in the laws of contract, property, finance, etc. They apply the principle of “lawfulness”.

What is procedurally unfair dismissal?

Thursday | 07 March | 2019. Section 188(1) of the Labour Relations Act (No. 66 of 1995) stipulates that a dismissal would be unfair when an employer fails to prove that a fair procedure was followed, or when there is no fair reason for the dismissal.

On what grounds can an employee be dismissed?

Dismissal should be reserved for cases of serious misconduct or repeated offenses. (4) Generally, it is not appropriate to dismiss an employee for a first offense, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable.

What are examples of procedural fairness?

For instance, procedural fairness would apply to a decision to cancel a licence or benefit; to discipline an employee; to impose a penalty; or to publish a report that may damage a person's reputation.

How do you prove procedural fairness?

What are the two components of procedural fairness?

When can an employee be fairly dismissed?

Fair procedure must be complied with for dismissal to be fair”. In order for dismissal to be fair, both substantive and procedural fairness must be complied with. Failure to comply with either or both, will result in the dismissal of an Employee being deemed unfair.

Is unfair dismissal hard to prove?

Constructive dismissal is an exceptionally difficult area of law to prove beyond question, relying on a good deal of substantive evidence to support a claim.

Can I be dismissed without warning?

An employer can dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.

What percentage of unfair dismissal cases won?

80% of Unfair Dismissal cases are won by employees, such as you, because the employer has not followed fair procedures.

How do you fairly dismiss an employee?

What qualifies for instant dismissal?

If misconduct of an employee is so serious that it undermines the mutual trust and confidence between the employee and their employer and merits instant dismissal, this is known as gross misconduct. In this situation, the employee can be summarily (ie instantly) dismissed.

What is judicial fairness?

Procedural Fairness in the California Courts is a statewide initiative aimed at ensuring fair process for and quality treatment of court users, resulting in higher trust and confidence in California's courts.

What is the common law duty of fairness?

What does procedural fairness mean? The concept of procedural fairness evolved from two common law principles: that a decision-maker should not judge their own case or have an interest in the outcome, and that a decision-maker should listen to both sides of a case before making a decision.

What can lawfully exclude procedural fairness requirements?

14.15 A duty to afford procedural fairness may be excluded by legislation. This is a matter of statutory construction, the key question being whether legislation, 'properly construed, limits or extinguishes the obligation to accord natural justice'.

What are the four principles of procedural fairness?

Procedural justice speaks to four principles, often referred to as the four pillars: 1) being fair in processes, 2) being transparent in actions, 3) providing opportunity for voice, and 4) being impartial in decision making.

What constitutes a fair dismissal?

Section 188 of the Labour Relations Act provides that dismissal is fair if the employer can prove that the dismissal is related to the employee's conduct or capacity, or if it can be proven that the dismissal is based on the employer's operational requirements.

How do you prove substantive unfairness?

If the rule is found to be invalid (for example, because it is in contravention of the BCEA) or unreasonable (for example, because it lacks any form of economic rationale), a dismissal for infringing it will be substantively unfair.