What is procedural fairness in a retrenchment?
Retrenchment Policy- For a dismissal (be it for misconduct, incapacity or operational reasons) to be fair, it has to be substantively as well as procedurally fair. In other words, there has to be a fair reason for the dismissal (substantive fairness) and how the dismissal takes place needs to be fair as well (in other words, it needs to be procedurally fair).
The Preferential Procurement Regulations Have Changed – This Is What It Means For Your Business
In 2017, the Minister of Finance issued detailed Preferential Procurement Regulations in terms of the Preferential Procurement Policy Framework Act (Number 5 of 2000). Among others, these procurement regulations laid down the criteria for the adjudication of tenders. Criteria included price, the Broad-Based Black Economic Empowerment status of the entity completing the tender, matters such as local production and sub-contracting. Other details included the criteria for breaking deadlocks in scoring, the award of tenders not scoring highest points and cancellations.
Misconduct Dismissal: “Intolerability” Not Be Confused With Mere “Incompatibility”
In the case of Coldset (Pty) Ltd v Singh DA 1 2021 2022 ZALACD 8 2 June 2022 an employee exited the premises by driving down a one-way lane. To avoid colliding with an oncoming vehicle, he drove his vehicle backwards. A fellow colleague’s son told the employee it was a “no-entry zone”. In response, the employee drove his vehicle at an aggressive speed towards him and swore.
