Labour Relations Act, 1995 (Act No. 66 of 1995)SchedulesSchedule 8 : Code of Good Practice: Dismissal4. Fair procedure |
| (1) | Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need to be a formal enquiry. The employer should notify the employee of the allegations using a form and language that the employee can reasonably understand. The employee should be allowed the opportunity to state a case in response to the allegations. The employee should be entitled to a reasonable time to prepare the response and to the assistance of a trade union representative or fellow employee. After the enquiry, the employer should communicate the decision taken, and preferably furnish the employee with written notification of that decision. |
| (2) | Discipline against a trade union representative or an employee who is an office-bearer or Official of a trade union should not be instituted without first informing and consulting the trade union. |
| (3) | If the employee is dismissed, the employee should be given the reason for dismissal and reminded of any rights to refer the matter to a council with jurisdiction or to the Commission or to any dispute resolution procedures established in terms of a collective agreement. |
| (4) | In exceptional circumstances, if the employer cannot reasonably be expected to comply with these guidelines, the employer may dispense with pre-dismissal procedures. |