- The CCMA’s two main reasons for ruling against the employer in an unfair dismissal matter are:
- Procedural unfairness – the employer did not follow the correct process when dealing with an employee dispute. (E.g. dismissal without a hearing)
- Substantive unfairness – the employer’s decision had no merit. (E.g. dismissing an employee because he is fat and ugly.)
- Of the awards made against the employer, approximately:
- 60% are both procedurally and substantively unfair
- 25% are only substantively unfair
- 10% are only procedurally unfair
- When the CCMA rules against an employer, mostly the award is for compensation but in approximately a quarter of the cases the reinstatement of the dismissed employee is ordered.
- Mostly procedural unfairness arises because the employer did not hold a hearing before making a decision.
Employment Practices Liability