What is a balance of Probabilities
What does it mean?
Author: Julandie Scholtz (Swart)
The LRA Schedule 8 Code of Good Practice deals with some key aspects relating to dismissals
Procedurally unfair, Employers often find themselves having to pay out money in compensation at the CCMA because of procedural unfairness. This is usually brought about by a failure on the part of the employer to follow fair procedure, or a failure by the employer to follow his own disciplinary procedure.
Substantively unfair dismissal is the termination of employment for no good cause or acceptable reason. The “substance” refers to the merits of the reason for dismissal. An employer must produce enough evidence to prove that there is good reason to dismiss an employee.
Unlike in Criminal Law where the offender/s must prove their innocence beyond reasonable doubt.
Labour Law and Criminal Law and/or Civil Law has no bearing on Labour Law and employers cannot make a criminal matter a Labour matter to substantiate the fairness of a dismissal without following a fair procedure.