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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 74

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 74

Page	74 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 61 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

74    No. 44058              GOVERNMENT GAZETTE, 8 JANUARY 2021

judged on its merits. are gross dishonesty or wilful damage to the property of the employer.

wilful endangering of the safety of others. physical assault on the employer. a fellow employee.

client or customer and gross insubordination. Whatever the merits of the case for dismissal
                          might be. a dismissal will not be fair if it does not meet the requirements of section 188.
                   (6)     When deciding whether or not to impose the penalty of dismissal, the employer should in

addition to the gravity of the misconduct consider factors such as the employee's circumstances

(including length of service, previous disciplinary record and personal circumstances). the
                          nature of the job and the circumstances of the infringement itself.

(7)    The employer should apply the penalty ofc/ismissal consistently with the way in which it has

been applied to the saute and other employees in the past, and consistently as between two or
                          more employees who participate in the misconduct under consideration.

4.     FAIR PROCEDURE
                   (I)    Normally. the employer should conduct an investigation to determine whether there are

grounds for dismissal. This does not need to be a formal enquiry. The employer should notify

the employee of the allegations using a forni and language that the employee can reasonable
                          understand.

The employee should be allowed the opportunity to state a case in response to the allegations.
                         The employee should be entitled to a reasonable time to prepare the response and to the

assistance of a trade union representative or fellow employee. Aller the enquiry. the employer

should communicate the decision taken. and preferably furnish the employee with written
                         notification of that decision.

(2)    Discipline against a trade union representative or an employee who is an office-bearer or

official o¡a trade amine should not be instituted without first informing and consulting the trade
                         union.

(3)   If the employee is dismissed, the employee should be the reason for dismissal and reminded of

any rights to refer the matter to a council with jurisdiction or to the Commission or to any
                         dispute resolution procedures established in terms of a collective agreement.

< page 73	View full Gazette No. 44058	page 75 >

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