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Substantive Fairness

Substantive fairness means that there has to be acceptable proof that an offence was committed and that the offence was of such a nature that it justifies the sanction that is being applied. The employee must have broken a rule of conduct in the workplace. The rule must have been valid and/or reasonable under the circumstances. The employee knew-or should have known of the rule before the sanction took place.The employer applied the rule consistently

 

Dismissal is the appropriate step to take instead of less serious disciplinary action e.g. final written warning, suspension etc. Dismissal should only take place after repeated offences occurred and progressive disciplinary measures did not improve the situation.

  
Dismissal for a first offence may be appropriate if the misconduct is very serious and where it makes the continued employment of the employee intolerable, e.g. gross dishonesty (theft), deliberate damage to the property of the employer, deliberate endangering of the safety of others, assault of employer/ fellow employee/ client/ Gross insubordination e.g. swearing at supervisor

 
An employer should take the employee's circumstances e.g. Length of service, disciplinary & service record and personal circumstances), the nature of the employee's job and the circumstances of the infringement itself (e.g.. Provoking) into consideration when considering a suitable sanction.

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Investigators & Initiators

24 & 25 May 2012
Southern Sun: OR Tambo International Airport


Health and Safety Representative Course

25 May 2012

Southern Sun: OR Tambo International Airport

14 August 2012

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30, 31 May & 01 June 2012
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New Amendment Bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA)

07 June 2012

Southern Sun: Century City (Canal Walk): Cape Town

13 June 2012

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Basic Labour Relations

07 June 2012 

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08 June 2012

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Hazard Identification and Risk Assessment
08 June 2012
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05 July 2012
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17 August 2012
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20 & 21 June 2012
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22 June 2012
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27 June 2012
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14 June 2012
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Managing Day to Day Issues/ Problem Employees
28 June 2012
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Health and Safety Incident/Accident Investigation (OHS and Mine Health and Safety)

29 June 2012
Southern Sun: OR Tambo International Airport
06 July 2012
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Kingfisher Conference Centre: Mount Edgecombe: Umhlanga Rocks


The OHS Act and Responsibilities of Management

04 July 2012

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16 August 2012

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