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convention of organisational Human Resources Policies and Procedures Manuals
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The court confirmed that the duty of a commissioner, when
deciding whether or not a sanction of dismissal is
appropriate, must not decide whether the employer acted
reasonably, nor must s/he defer in any way to the employer.
The commissioner must decide the issue on the basis of
his/her own sense of fairness. The award itself should
furthermore be lawful, reasonable and procedurally fair,
otherwise it would not meet the constitutional requirement
that administrative action must be reasonable. The court
continued:
There are not a [closed category] of factors that a
commissioner must take into account in considering
sanction. The commissioner must take into account all
the circumstances; consider the importance of the rule
breached; consider the reason the employer imposed the
sanction of dismissal, as he or she must take into
account the basis of the employee’s challenge to the
dismissal; consider the harm caused by the employee’s
conduct; consider whether additional training and
instruction may result in the employee not repeating the
misconduct; consider the effect of dismissal on the
employee and consider the employee’s service record.
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important announcements.
14 Nov
2008 - Johannesburg - International perceptions
about a country have an affect on foreign
investment, investor confidence and even the
social fibre of a country, says International
Marketing Council (IMC) Marketing Manager,
Vuyelwa Nyakaza. Speaking at the launc...
11 Nov
2008 - Pretoria - Motor vehicle, food and
beverage manufacturing have contributed towards
the 2.5 percent decrease in manufacturing for
the third quarter of 2008, reported Statistics
South Africa (Stats SA), Tuesday. The
manufacturing production for September 20...
11 Nov
2008 - Johannesburg - Labour Minister Membathisi
Mdladlana on Tuesday said departmental
inspectors should be paid better in line with
their duties of ensuring adherence to labour
laws in various sectors. Addressing the media at
a Construction Summit hosted by th...
21 Feb 2008 - Tongaat - KwaZulu-Natal's Labour
Department has warned people to be wary of a conman who
pretends to be a labour inspector who offers labour
related assistance in exchange for money. According to the
department, all its inspectors are expected to produce...