The law of unfair dismissal in South Africa.
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Date
1990
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Abstract
As an inexperienced articled clerk I was once consulted by a young
widow who had two tiny children with her. She had lost her job and
was wanting to know what her rights were. I had never studied any
labour law but I had a vague idea that she was entitled to only
notice pay. This was the terrible advice she ended up getting and
it was only some months later that I realised my error.
I had not yet been introduced to the wondrous concept of fairness in
law. Nor was I aware of the wonderful remedy of reinstatement which
could have returned to this person not only her dignity and her
self-esteem, but also the means, in a country wracked by
unemployment, of fending off complete poverty.
Psychologists have shown that losing a job is one of the most
distressing events in life. How much more distressing that loss
must be when the dismissal is not fair and how much more
devastating, when there is little prospect of finding other
employment? This thesis is for all those people who have been
unfairly dismissed and who, but for bad advice, might have been
placed back in their jobs. It is hoped that it will contribute to
the knowledge in this vitally important area of law and so help
prevent the giving of unnecessarily bad advice.
Description
Masters Degree. University of KwaZulu-Natal, Pietermaritzburg.