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.
Collections
- Law [834]