Every person in South Africa has the right to fair labour practices. One of those rights captured in the Labour Relations Act is the right not to be unfairly dismissed. In order to be fairly dismissed, the employer must apply a fair procedure (disciplinary procedure) and have a substantively fair reason that warrants dismissal. The concept of fairness applies to both the employer and the employee. It involves the balancing of competing and sometimes conflicting interests of the employer, on the one hand, and the employee on the other. The weight to be attached to those respective interests depends largely on the overall circumstances of each case.
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