Dismissal
Author: John Grogan
Edition: First
Published: September 2010
ISBN: 9780702184864
Format: Soft Cover
Pages: 608
Notes: Companion to John Grogan's Labour Litigation and Dispute Resolution, Employment Rights and Collective Labour Law
Dismissal 2010
(Click image to enlarge)
Price & Ordering:
Qty Product Detail Price
2010 - 1st edition R595.00
About this Publication:

Dismissal deals with all the issues that may arise when employers decide to dispense with the services of their employees. Beginning with the ’conventional’ dismissals – termination by the employer with or without notice – the book goes on to investigate the many other forms of dismissal now recognised in South African labour legislation, such as automatically unfair dismissals, constructive dismissals, selective re-employment, and failure to renew fixed-term contracts. The procedural requirements governing the various forms of dismissal are also described in detail, as are the remedies available to unfairly dismissed employees.

This volume is a companion to three others (Employment Rights, Collective Labour Law,and Labour Litigation and Dispute Resolution), which together provide a comprehensive overview of the entire body of current labour law.

Contents:
  • Preface 
  • Table of cases 
  • Table of statutes  
  • Chapter 1: Introduction and overview
  • Chapter 2: What is a dismissal?  
  • Chapter 3: Who may be dismissed?
  • Chapter 4: Was there a dismissal?
  • Chapter 5: When did the dismissal occur?
  • Chapter 6: Unfair dismissals
  • Chapter 7: Automatically unfair dismissals
  • Chapter 8: Dismissal for misconduct
  • Chapter 9: Specific forms of misconduct
  • Chapter 10: Procedural fairness in misconduct cases
  • Chapter 11: Group misconduct
  • Chapter 12: Misconduct outside working hours and criminal conduct
  • Chapter 13: Discipline and shop stewards
  • Chapter 14: Dismissal for poor work performance
  • Chapter 15: Incapacity arising from illness or injury
  • Chapter 16: Dismissal for operational requirements: Fair reason
  • Chapter 17: Dismissal for operational requirements: Fair procedure
  • Chapter 18: Dismissal for operational requirements: Selection and severance pay
  • Chapter 19: Closures, mergers, transfers and sales of businesses
  • Chapter 20: Unilateral change to terms and conditions of employment
  • Chapter 21: Other reasons for dismissal 
  • Chapter 22: Dismissal of unprotected strikers
  • Chapter 23: Procedures for challenging dismissals
  • Chapter 24: Remedies 
  • Chapter 25: Costs in dismissal matters
  • Subject index
Of Interest to:
  • Legal practitioners
  • Negotiators, mediators and arbitrators
  • Human resources managers and consultants 
  • Labour relations practitioners and consultants 
  • Employers and employees
  • Bargaining Councils
  • CCMA officials
  • Trade Unions and employee representatives
  • Academics & students
  • Libraries
Key Benefits:
  • Written in a clear and lively style by an author with 25 years' experience as a judge, arbitrator, advocate, author and academic.
  • Sets out the principles underlying each issue discussed, and illustrates them with examples drawn from decided cases.
Author Details:
For a quarter of a century John Grogan (BA, BA (Hons), B Iuris LLB (SA), LLM PhD) (Rhodes) has been one of the most prolific and incisive contributors to the development of South African labour law. Having been a lecturer and professor of law, member of the erstwhile Industrial Court, counsel in high-profile cases representing both employers and labour, a judge of the Labour and High Courts, an arbitrator and a presiding officer in many disciplinary hearings, Dr Grogan brings to his writing, perspectives gleaned from wide and varied experience. Dr Grogan is the author of the highly acclaimed textbook Workplace Law, contributor to Juta’s Quarterly Review, general editor of two sets of law reports, and editor of Employment Law. His work is frequently quoted in judgments and arbitration awards. The quartet of which this book forms a part is the distillation of Dr Grogan’s work thus far.