UNFAIR DISMISSAL LAW

By Prof. Alan Rycroft

Professor Alan Rycroft is Professor of Commercial Law at the University of Cape Town and is the author and co-author of several books and many articles on labour law and alternative dispute resolution. Alan is one of Worklaw’s primary authors.  

OUTLINE OF CONTENTS

• Introduction
  1. Progressive discipline
  2. Categorising reasons for dismissal
  3. Who is an Employee?
  4. When does an applicant for a job become an employee?
  5. Resignation and the termination of employment
  6. Labour brokers and temporary employment services
      
• Misconduct
  1. Procedural fairness
  2. Substantive fairness (see specific offences covered)
      
• Incapacity
  1. Probationary employees
  2. Procedural fairness
  3. Substantive fairness
     1. Poor work performance
     2. Ill health / injury
     3. Incompatability
         
• Operational Requirements
   
• Automatically Unfair Dismissals
   
• Constructive Dismissals
   
• Executive Dismissals
   
• Collective Action
   
• Dismissal demanded by third party
   
• Evidence
   
• Remedies for unfair dismissal
   
• Review