Exam (elaborations)
Can Tiny’s Dismissal stand in the CCMA or the Labour Court and is there any legal remedy
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Tiny’s dismissal can stand in the CCMA or the Labour Court and whether there is any legal remedy for Tiny
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January / February 2022MRL3702
LABOUR LAW
Procedurial Fairness ito Dismissal
Written by
Camecia Cass
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b) Tiny is an employee of the Diamond Shapes (Pty) Ltd (‘DS’). DS
cuts and shapes diamond stones and sells them as wedding rings,
earrings and necklaces. DS experienced several theft incidents
and the last one was in 2017. The employer initiated
investigations and the findings pointed at Tiny as the culprit
because, in all incidents no door or window was broken. DS sent
Tiny the investigation report via email with the following message - ‘based on the information in the
attached report, please be informed that you are dismissed with immediate effect.’
With reference to the relevant legal authority, advise whether Tiny’s dismissal can stand in the
CCMA or the Labour Court and whether there is any legal remedy for Tiny. (10)
[25]
The criteria by which employers' pre-dismissal acts are judged is procedural fairness. According to
Section 188(1)(b) of the Labour Relations Act (hereinafter referred to as the LRA), a dismissal must
be carried out in a fair manner. An employee whose dismissal is solely procedurally unreasonable
is not eligible for reinstatement under section 193(2)(d) of the Labour Relations Act.
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