Description :

This Monograph was released in 1985 and the present edition of the Monograph takes into account the relevant changes to legislation since 2012 and new Judicial Decisions that impact on the law relevant to dismissals.

Content :

TABLE OF CASES
CHAPTER 1 – INTRODUCTION AND SYSTEM OF COURTS

1. SCOPE
2. SYSTEM OF COURTS

- Conciliation
- Arbitration
Types of Arbitration
Subject-Matter of Arbitration
Selection of Arbitrators and Their Terms
Representation of Parties
Duties and Powers
The Award
Appeals and Judicial Relief

• Industrial Court

Constitution
Type of Disputes
Payment of fees
Functions, Powers and Duties
The Award
Appeals and Judicial Review
Differences between Arbitration and Industrial Courts

• Labour Tribunals

Creation and Composition
Prescription
Jurisdiction and Powers
Appeals
Representation of Parties
CHAPTER 2 – SOURCES OF THE LAW
CHAPTER 3 – RELEVANCE OF DOMESTIC INQUIRIES
CHAPTER 4 – MISCONDUCT AND GROUNDS OF DISMISSAL

• Introduction
• Types of Misconduct

Absence and Late Attendance
Negligence and Incompetence
Insubordination
Abuse
Assault
False Allegations against Superiors
Drunkenness
Disloyalty to Employer
Competition
Aiding the Competitor
Working for competitor or selling products of competitors
Competing with the Employer
Non-competitive outside Employment
Disparaging Remarks
Failure to report theft or other dishonest acts
Willful Damage to Employer’s Property – Sabotage
Dishonesty
Theft and Misappropriation
Loss of Confidence
Disobedience
Refusal to carry out Lawful Instructions
Refusal to accept Transfer
Refusal to perform Reasonable Overtime
Refusal to attend Domestic Inquiry or Answer Charges
Sexual Harassment at the Workplace
Misconduct Outside Workplace and Working Hours and not in the Course of Employment
Misconduct and Trade Union Action
Strike
Go-Slow
Work To Rule
Miscellaneous Grounds of Termination
Grounds not known or occurring after Dismissal
CHAPTER 5 – BURDEN AND QUANTUM OF PROOF
Burden of Proof
Quantum of Proof
CHAPTER 6 – EFFECT OF CRIMINAL PROCEEDINGS ON DISCIPLINARY ACTION
CHAPTER 7 – PUNISHMENT

• Theories of Punishment
• Principles
• When Court will interfere
• Selection of Punishment
• Types of Punishment

Suspension
Fines
Suspension of an Increment
Deduction of Value of Loss
Demotion or Reduction in Rank
Transfer
Warnings
CHAPTER 8 – RELIEFS AND JUSTICE AND EQUITY
Introduction
Just and Equitable
CHAPTER 9 – NOTICE AND PAYMENT IN LIEU OF NOTICE
Introduction
Common Law
Industrial Law
CHAPTER 10 – REINSTATEMENT
When Awardable and Limitations
Meaning and Consequences
CHAPTER 11 – COMPENSATION
Concept: When Awardable
Principles and Quantum