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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 75

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 75

Page	75 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 62 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

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    75

(4)     In exceptional circumstances. if the employer cannot reasonably be expected to comply with

these guidelines. the employer may dispense with pre-dismissal procedures.

5.     DISCIPLINARY RECORDS
                          Employers should keep records for each employee specifying the nature of any disciplinary

transgressions. the actions taken by the employer and the reasons for the actions.
                   6.     DISMISSALS AND INDUSTRIAL ACTION

(I )    Participation in a strike that does not comply with the provisions of Chapter IV is misconduct.
                          However. like any other act of misconduct. it does not always deserve dismissal. The

substantive fairness of dismissal in these circumstances must be determined in the light of the

facts of the case. including
                          (a)    the seriousness of the contravention of this Act;

(b)   attempts made to comply with this .lcs: and

(a)    whether or not the strike was in response to unjustified conduct by the employer.
                   (2)    Prior to dismissal the employer should. at the earliest opportunity. contact a trade union

official to discuss the course of action it intends to adopt. The employer should issue an
                          ultimatum in clear and unambiguous terms that should state what is required of the employes

and what sanction will be imposed if they do not comply with the ultimatum.
                          The employees should be allowed sufficient time to reflect on the ultimatum and respond to it.

either by complying with it or rejecting it. If the employer cannot reasonably be expected to

extend these  steps to the emphmees in question. the employer may dispense with them.
                   7.     GUIDELINES IN CASES OF DISMISSAL FOR MISCONDUCT

Any person who is determining whether a dismissal for misconduct is unfair should consider -

(a)    whether or not the employee contravened a rule or standard regulating conduct in. or of
                                relevance to. the workplace: and

(b)    if a rule or standard was contravened. whether or not -

(i) the rule was a valid or reasonable rule or standard:
                               (ii) the employeewas aware, or could reasonably be expected to have been aware, of the

rule or standard:

< page 74	View full Gazette No. 44058	page 76 >

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