Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising...

Item 4(1) of schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act (“The LRA”) 66 of 1995 provides that the employer should conduct an investigation to determine whether there are grounds for dismissal.

Poor work performance, or incapacity, is dealt with in Schedule 8 of the Labour Relations Act no. 66 of 1995, and refers to the inability of an employee to perform in terms of the employer’s expectations pertaining to quantity, quality or both.

Item 2 (1) of Schedule 8 (Code of Practice: Dismissal) read in conjunction with section 188 of the Labour Relations Act, 66 of 1995, provides that a dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure, even if it complies with any notice period in a contract of employment or in legislation governing employment.

Item 3(4) of sch 8 (Code of Good Practice: Dismissal) of the Labour Relations Act 66 of 1995 provides that ‘generally, it is not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable.

Item 4 (1) of Schedule 8 (Code of Practice: Dismissal) of the Labour Relations Act, 66 of 1995 as amended, provides that normally the employer should conduct an investigation to determine whether there are grounds for dismissal.

Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an arbitration and provides as follows:

Item 2 (1) of Schedule 8 (Code of Practice: Dismissal) read in conjunction with section 188 of the Labour Relations Act, 66 of 1995, provides that a dismissal is unfair if it is not effected for a fair...

Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with sections 185 and 186(2) of the Labour Relations Act, 66 of 1995 provides that everyone has the right to fair labour practices.