Dismissal for operational requirements: a critical examination of the role of the courts in mitigating dismissals with specific reference to the banking industry

The principal focus of the study is to investigate the role of the courts in mitigating operational requirements dismissals and consider possible interventions that can be applied to reduce their adverse effects. The role played by courts appear to be limited in the absence of legislation that requires employers to consider reskilling, redeployment and collective bargaining in mitigating operational requirements dismissals. It is well established that the significant increase in operational requirements dismissals can be attributed to the rise of the adoption of technology in the workplace. A major drawback in the existing literature is that most studies have neglected the examination of the role of the courts in mitigating dismissals, particularly in the banking industry. The study examined the regulatory framework for operational requirements dismissals by looking at the procedural and substantive fairness requirements and how the courts have handled these cases in the context of the banking industry. Deficiencies were reflected in the framework, it was observed that the provisions of s 189 are inadequate in protecting employees in faultless dismissals. What has been fleshed out from the study is that possible interventions such as collective bargaining, redeployment, and skills and training development can play an instrumental role in mitigating dismissals. The success of these interventions requires all role players such as employers, employees, and trade unions. However, without the amendment to the regulatory framework, the role of the courts remain limited. The study calls into question the effectiveness of s 189 provisions and sheds new light on how these can be amended as well as the role relevant stakeholders ought to play in the employment relationship.

Grantor

Department of Commercial Law

Year dc:date.issued

2022

Author dc:creator

• Dube, Nqaba

Advisor dc:contributor.advisor

• Collier, Debbie

• Commercial Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/36440

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/36440