Substantive Fairness In Dismissal
The fairness of the reason for dismissal.
Definition
Substantive fairness focuses on whether there was a fair reason to dismiss, such as misconduct, incapacity, poor performance, or operational requirements, and whether dismissal was an appropriate sanction or outcome on the facts.
Key takeaways
The fairness of the reason for dismissal.
Labour Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Unfair dismissal
Dismissed for misconduct
Poor performance dismissal
Related resources
Resources and guides
CCMA Checklist
Preparation checklist for CCMA referral, conciliation, and arbitration steps.
Labour LawPreparation PackDismissal Evidence Pack
Evidence planning pack for dismissal disputes and workplace disciplinary records.
Labour LawChecklistDisciplinary Hearing Checklist
Checklist for preparing notices, evidence, witnesses, timelines, and questions before a disciplinary hearing.
Labour LawFAQs
Substantive Fairness In Dismissal FAQs
What does Substantive Fairness In Dismissal mean?
The fairness of the reason for dismissal.
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