Labour Relations Act, 1995 (Act No. 66 of 1995)Chapter VIII : Unfair Dismissal and Unfair Labour Practice188. Other unfair dismissals |
| (1) | A dismissal that is not automatically unfair, is unfair if the employer fails to prove— |
| (a) | that the reason for dismissal is a fair reason— |
| (i) | related to the employee"s conduct or capacity; or |
| (ii) | based on the employer"s operational requirements; and |
| (b) | that the dismissal was effected in accordance with a fair procedure. |
| (2) | Any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act .51 |
| 51 | See Schedule 8, the Code of Good Practice: Dismissal |