The Labour Relations Act provides guidelines for when a dismissal can be considered fair. Here are the five fair reasons for dismissal according to the CCMA:
1. Misconduct
Misconduct occurs when an employee engages in behavior that violates workplace rules, codes of conduct, or ethical standards. Common examples of misconduct that may lead to dismissal include:
- Dishonesty: Lying, fraud, or stealing from the employer.
- Breaching workplace protocols: Violating health and safety regulations, such as ignoring Covid-19 safety protocols.
- Carrying weapons during a strike: Engaging in violent or threatening actions that could harm others.
For dismissal to be fair, the employer must prove that the misconduct occurred and that it is serious enough to justify termination. Proper disciplinary procedures must also be followed, including a hearing and an opportunity for the employee to defend themselves.
2. Incapacity
Incapacity refers to an employee’s inability to perform their duties due to poor work performance, ill health, or incompatibility with the workplace. This category includes situations where:
- Poor work performance: An employee consistently fails to meet the required standards of their job despite receiving sufficient training and support.
- Ill health: Chronic illness or disability may make it impossible for an employee to fulfill their responsibilities.
- Incompatibility: A situation where an employee is unable to work harmoniously with colleagues or cannot adapt to the work environment.
Before dismissing an employee on the grounds of incapacity, the employer must show that they provided support, such as training or reasonable adjustments, to help the employee improve.
3. Redundancy
Redundancy occurs when an employee’s job is no longer needed due to changes in the business. This can happen for various reasons, including:
- Business closure: If the employer closes the business entirely, employees may be dismissed as their positions are no longer necessary.
- Workplace closure: When a specific workplace branch or location is shut down, leading to job losses.
- Reduction in demand for work: If a business decides to reduce or eliminate certain operations or services, some roles may become redundant.
For redundancy to be fair, the employer must prove that the dismissal is due to genuine operational reasons and that all alternatives, such as reassigning employees or retraining, were considered.
4. Statutory Illegality
Statutory illegality refers to situations where continuing to employ an individual would violate the law. This can include:
- Licensing issues: If an employee is required to hold a specific license or qualification to perform their duties, and they lose this, the employer may have no choice but to dismiss them.
- Immigration status: If an employee is working without the proper legal authorization (e.g., a work permit), continuing the employment would be illegal.
Dismissal based on statutory illegality requires the employer to prove that continuing employment would breach the law, making the termination a legal necessity.
5. Operational Requirements
Operational requirements are one of the most common grounds for dismissal, particularly in large organizations. This reason allows an employer to dismiss employees when they need to make changes to improve business efficiency. Common examples include:
- Cost-cutting measures: Downsizing to reduce operating expenses.
- Reorganization: Restructuring the workforce to meet changing market conditions.
- Change in business direction: Shifting focus or altering operations to better align with industry trends.
To ensure fairness, the employer must demonstrate that the dismissal is based on the genuine needs of the business, and alternatives to dismissal, such as redeployment or retraining, should be explored.
Overview of Public Universities in South Africa
Here's an overview of some public universities in South Africa, including general admissions requirements and estimated application periods. Keep in mind, specific program requirements and dates can vary significantly, so it's important to check each university's official website for the most current information.
University of Pretoria
- Admissions Requirements: National Senior Certificate with minimum scores in specific subjects related to the chosen program; for international students, equivalent qualifications.
- Application Period: Usually opens in March and closes at the end of July for most programs.
University of Cape Town
- Admissions Requirements: National Senior Certificate with pass levels required for degree study; subject-specific requirements depending on the program.
- Application Period: Application opens in April and closes at the end of July.
Stellenbosch University
- Admissions Requirements: National Senior Certificate with required marks; some programs have additional testing.
- Application Period: Opens in March and typically closes at the end of June.
University of the Witwatersrand
- Admissions Requirements: Matriculation certificate with university exemption; required scores vary by faculty.
- Application Period: Begins in March and ends on the 30th of September.
University of Johannesburg
- Admissions Requirements: Matric exemption with a minimum APS score; specific subject requirements based on the faculty.
- Application Period: Opens in April and generally closes by the 30th of September.
University of the Free State
- Admissions Requirements: National Senior Certificate with specific marks for the program applied to; additional requirements for certain courses.
- Application Period: Typically opens in April and closes at the end of August.
University of Venda
- Admissions Requirements: Completion of the National Senior Certificate with an endorsement for diploma or degree studies; specific APS scores needed.
- Application Period: Usually from May to September.
University of Fort Hare
- Admissions Requirements: National Senior Certificate with university exemption; certain programs may have specific requirements.
- Application Period: Opens around May and closes at the end of September.
University of the Western Cape
- Admissions Requirements: National Senior Certificate with specific performance levels; additional requirements for certain programs.
- Application Period: Generally from May to September.
North-West University
- Admissions Requirements: National Senior Certificate with university exemption; program-specific requirements may apply.
- Application Period: Opens in March and usually closes by the end of August.
Rhodes University
- Admissions Requirements: National Senior Certificate or equivalent; minimum academic performance in certain subjects.
- Application Period: Applications open in April and close at the end of September.
Nelson Mandela University
- Admissions Requirements: National Senior Certificate with required scores for chosen programs; portfolio or additional tests for some faculties.
- Application Period: Opens in April, with a deadline at the end of August for most programs.
Cape Peninsula University of Technology
- Admissions Requirements: National Senior Certificate with specific scores; additional requirements for certain courses.
- Application Period: Opens in May and typically closes by the end of September.
University of Limpopo
- Admissions Requirements: Senior Certificate with endorsement for diploma or degree courses; specific APS scores for different programs.
- Application Period: From April to September.
University of Zululand
- Admissions Requirements: National Senior Certificate with an endorsement for bachelor’s degree studies; specific score requirements for various programs.
- Application Period: Usually between April and November.
Central University of Technology
- Admissions Requirements: National Senior Certificate with specific scores for the chosen field of study; additional criteria for certain programs.
- Application Period: Application period generally starts in May and ends in October.
Vaal University of Technology
- Admissions Requirements: National Senior Certificate with a pass that qualifies for admission to bachelor’s degree, diploma, or higher certificate programs.
- Application Period: Typically from May to September.
Walter Sisulu University
- Admissions Requirements: National Senior Certificate with required scores for chosen programs; additional criteria for certain faculties.
- Application Period: From April to September.
This list provides a starting point for understanding the admissions landscape across South Africa's diverse higher education institutions. Given the variability in programs and requirements, it's crucial to consult each university's website for the most accurate and up-to-date information.