Dismissal occurs when the Employer has terminated the contract of employment with or without notice, when an Employee reasonably expected the employer to renew a fixed term contract of employment on the same terms and has failed to do so, when an Employee resigns because the Employer made continued employment intolerable, when the Employer refuses to allow the Employee to resume work after returning from maternity leave etc.

Requirements of Dismissal

  • The Dismissal has to be effected in accordance with the correct procedures (Procedural Fairness).
  • The Dismissal has to in relation to a fair and legally acceptable reason (Substantive Fairness).
  • Dismissal must be appropriate in the circumstances.

Procedural Fairness

The Employer must follow the correct procedures when dismissing an Employee for whatever reason.

  • An employer’s disciplinary policies are to be ‘reasonable, lawful and fair’ in terms of circumstances and operational requirements.