Diensbeëindiging van 'n werknemer wat in gevangenis aangehou word

Abstract

Which procedures should an employer be following if he wants to discharge an employee, who is being held in prison for conduct not related to his job. The reasonability of the discharging action should meet two requirements. First it there must be a substantive reasonable reason for the discharge and secondly every discharge must be according to a specific process. According to article 188 of the Labour Relations Act, 1995 the employee could only be discharged on 3 grounds. These grounds are unsuitability, misconduct and the operational requirements of the employer. The specific situation represented itself in the case of Num v CCMA 2009 18 LC. There were no procedures set out for handling the situation in the case and left a loop hole in the Labour legislation. In this dissertation the research will be based on finding a solution to the problem the employer is facing regarding the discharge of employees in jail for conduct not related to their jobs.