The central issue the termination respondent?
The central issue in this appeal is whether the termination of the respondent’s employment by the appellant (Old Mutual), was procedurally fair. The respondent (the employee) does not contend that the employer lacked a fair reason to dismiss him. His attack was confined to the process that culminated in his dismissal. Initially Old Mutual raised jurisdictional and other challenges to the claim, all of which it has abandoned. The sole focus of the appeal – given that the employee eschewed his statutory remedies under the Labour Relation Act, Act 66 of 1995 (the LRA) (compare Transnet Ltd v Chirwa 2007 (2) 198 (SCA)) – was therefore the employee’s right to a pre-dismissal hearing under the common law.
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