This implies (somewhat counterintuitively) that the absence of meaningful consultation on selection criteria does not per se imply that the selection criteria used were not fair and objective and that the retrenchment was substantively unfair.In other words, an employer who does not consult on selection criteria, but still uses criteria that somehow are fair and objective, will be off the hook in terms of substantive fairness, but will be in trouble as far as procedural fairness is concerned. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing and/or editing summaries of 54 recent African court decisions for Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. JS178/09, a Labour Court of South Africa upheld the rights to equality and non-discrimination of HIV-positive persons in the workplace.Failure, in the absence of an agreement, to use criteria that are fair and objective or failure to apply the agreed or fair and objective criteria, will render the dismissal substantively unfair.This is so because if the ‘wrong’ criteria are applied, it can result in the dismissal of an employee who should not have been dismissed.
The book provides new, critical insight into the interplay between case law and legislative developments and examines the meaning of the term ‘operational requirements’ with extensive reference to case law and use of creative examples and hypotheticals. As South Africa took time to celebrate its annual human rights day on March 21, this year (2017) the deaths of the 94 patients in Gauteng Province in a space of under a year should not be forgotten.
"As much as we followed proper protocol and were not guilty, we have learnt to be more cautious and will take our viewers' feedback seriously.
Most employers and employees have a broad understanding that the fairness of a dismissal rests on both a substantive and a procedural leg.
A dismissal for the latter reason is often referred to as retrenchment.
On the other hand, procedural unfairness implies that the employee had not been given an opportunity to be heard by the employer before the dismissal was affected.