Key Concepts to Know
Key Concepts to Know Understanding the fundamental concepts related to dismissals and fairness is crucial for anyone involved in the workplace, from shop floor workers to top management. These concepts are not just legal jargon—they are the backbone of fair and just labor practices. Below, we break down these key concepts with explanations, real-life case studies, and the latest legal updates to ensure clarity and relevance for all levels. 1. Unfair Dismissal Explanation: Unfair dismissal occurs when an employee is terminated without a valid reason or when proper procedures are not followed. According to South African labor law, every dismissal must be both substantively and procedurally fair. Substantive fairness refers to the validity of the reason for dismissal, while procedural fairness concerns the process followed before the dismissal. Case Study: A production line worker was dismissed for "poor performance" after failing to meet the company's newly ...