Various exam Memos and notes. Great for assignment help and exam preparations - covers the most important information, so you save time and get to the part that matters!
, 1.1.1
The LRA permits an employer to dismiss his/her employee for one of the following
reasons:
• misconduct by the employee, for example, if the employee is guilty of theft,
being absent without authorisation, refusing to obey the employer’s
instructions and so on;
• incapacity of the employee, for example, when an employee fails to meet the
employer’s performance standard or when an employee fails to perform the
work s/he was employed to do because of his/her ill health; or
• operational requirements of the employer, for example, if the employer had a
drop in sales and cannot afford the employee any longer. Please see the
Quicklaw on Retrenchments for more information.
Section 187 of the Labour Relations Act 66 of 1995 requires the employee to provide
evidence that an automatically unfair dismissal took place. The employer must then
show that it was not an automatically unfair dismissal. The employer alleged that the
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