Description
Procedural fairness guidelines – non-compliance with procedural fairness guidelines – mechanical checklist approach.
- The procedural fairness guidelines under Rule 13 (1) – (13) of the Code of Good Practice GN. No. 42 of 2007 are more or less in pari materia with the guidelines of the Code of Good Practice of South Africa where our labour law is heavily borrowed from.
- Non-compliance with one or more of the procedural fairness guidelines will not necessarily render a dismissal procedurally unfair. It will be procedurally unfair only if, on balance, an employee is not given a fair opportunity to state a case in response to the factual allegations against him or her. (Mutual Construction Co.TVL (Pty) Ltd. V. Nombela [2010] 5 BLLR 513 [LAC] followed.
- Procedural fairness guidelines should not be applied in what is called ”a mechanical check list approach” that every guideline should be complied with the employer.
