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The guidelines provided by item 7 of the Code of Good Practice are aimed at establishing substantive fairness. As the employer bears the onus of proving the
The Labour Appeal Court held that it may be possible to correct a procedural error by offering the . I use the word “may" because labour law is about fairness.
Ivan Israelstam. Under labour law, employees have the procedural right to a fair hearing before being disciplined or dismissed for misconduct or poor
In terms of various labour related legislation (such as, for example, the .. 4.4.6) provides a framework and guide to management for applying the procedure. . with the requirements of both procedural fairness and substantive fairness.
Procedural fairness refers to the procedures followed in notifying the employee of the disciplinary hearing and the procedures followed at the hearing itself.
4 Feb 2016 SUBSTANTIVE AND PROCEDURAL FAIRNESS (SECTION 188 AND ITEM 2 OF SCHEDULE 8 OF THE LABOUR RELATIONS ACT 66 OF
16 Jul 2014 The issues surrounding substantive and procedural fairness come under scrutiny in relation to dismissal of employees without notice. Therefore
Procedural fairness: notifying the employee – The most common disputes referred to the CCMA and mistakes made by employers relate to procedural
These are the requirements as set out in our Labour Law: Procedural fairness in general terms refers to a disciplinary hearing that has to be held to afford the
The areas of procedural and substantive fairness most often exist in the minds of employers, H.R. This, however, does not mean that a dismissal effected for misconduct, incapacity or operational requirements will be considered automatically fair by the CCMA should the fairness of the dismissal be disputed.

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March 2018