Unfair Dismissal (4ed)
A guide to the law of unfair dismissal, now in its fourth edition, explains the law with authority, in plain language. It is a practical book for trade unionists, employer representatives, their legal representatives), HR practitioners and law students.
- Author: André van Niekerk
- Title: Unfair Dismissal
- ISBN: 978-1-920025-24-3
- Publication Date: 2008/02/01
- Publishing House: Siber Ink
- Target Market Employers, Employees (and their legal representatives), Trade Unions, Bargaining Councils, Employer bodies, Law students, HR & IR practitioners
This guide to the law of unfair dismissal, now in its fourth edition, explains the law with authority and in plain language. It is a practical book for trade unionists and employer representatives (and their legal representatives), HR practitioners and law students.
Thoroughly updated, this edition refers more fully than before to key judgments by the Labour Courts, to illustrate important interpretations of the legislation. It includes discussion on key judgments by the Constitutional Courts, including the important matter of Sidumo v Rustenburg Platinum Mines Ltd.
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?
"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
- Qualifying for the right to claim unfair dismissal
- What is a dismissal
- Automatically unfair reasons for dismissal
- Potentially fair reasons for dismissal: misconduct
- Potentially fair reasons for dismissal: incapacity
- Potentially fair reasons for dismissal: operational requirements
- The transfer of undertakings
- Dispute procedures
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.