CAN YOU BE FIRED WITHOUT A WARNING |

In terms of our labour legislation, an employer cannot just dismiss you without a fair disciplinary hearing. Generally, employees can be dismissed for one of three reasons, namely misconduct (dishonesty), incapacity.
Once misconduct is identified, the company must investigate the allegations against the employee and once it has been established that there is a case, the employee should be given a fair chance to defend themselves
Procedural Fairness: This means that the company has followed a fair and proper procedure before dismissing the employee, even if the dismissal is substantively unfair.
Not only should the dismissal be made with a fair reason, but it should also be followed within a fair procedure. Procedural fairness refers to a disciplinary inquiry that must be held to give the employee the opportunity to state his or her defence.

Substantive fairness: Substantive fairness means that there is a just, fair and equitable reason for the company to dismiss the employee.



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☎️ CONTACT: Aslam Moolla
⭐ EMAIL: Law@legal-leaders.co.za
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a master’s in law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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=== TIME STAMPS===
00:01 Introduction
00:29 Misconduct
00:52 Procedural Fairness
01:03 Substantive Fairness
01:37 Dishonesty in the workplace
02:06 Summary

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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act – South Africa

=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice on your specific situation

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