Unfair Dismissal 4ed

Special Features

The author (a former labour law attorney and now a judge of the Labour Court) answers the following questions:

• Who is an employee?
• What is a dismissal?
• What are the requirements for a fair dismissal?
• What are employers’ and employees’ respective rights and obligations?
• If I have been unfairly dismissed what procedures do I follow, and what are my remedies?

Endorsements

“Employers and employees who understand the English language will be able to pick up this book, read it and understand it because it is written in simple language…. This is where the importance of this book lies.”
—  R M M Zondo, Judge President, Labour Appeal Court and Labour Court (From the Foreword)

“This is an excellent book. It is well written, well organized, and above all practical. No trade unionist, human resources practitioner or labour lawyer, for that matter, should do without it.”
—  Professor Halton Cheadle

Table of Contents

Foreword to the First Edition
Preface to the First Edition
Preface to the Fourth Edition
Table of Cases
Introduction
1 Qualifying for the right to claim unfair dismissal
2 What is a dismissal
3 Automatically unfair reasons for dismissal
4 Potentially fair reasons for dismissal: misconduct
5 Potentially fair reasons for dismissal: incapacity
6 Potentially fair reasons for dismissal: operational requirements
7 The transfer of undertakings
8 Dispute procedures
9 Remedies
10 Appendices
Index

About the Author

André van Niekerk is currently a judge of the Labour Court, and was formerly a practising attorney and director of Perrott, Van Niekerk Woodhouse Matyolo Inc., specialists in employment law. He was a legal advisor to the Anglo American Corporation and was a member of the team that drafted the Labour Relations Act 1995, and the Labour Relations Amendment Bill 2000. He is a Former president of the South African Society for Labour Law.