A PRACTICAL GUIDE TO UNFAIR DISMISSAL LAW IN BOTSWANA

A PRACTICAL GUIDE TO UNFAIR DISMISSAL LAW IN BOTSWANA
Author: Oagile Bethuel Key Dingake
Publisher: Notion Press
Total Pages: 129
Release: 2022-09-03
Genre: Law
ISBN:

This book discusses the law related to unfair dismissal in Botswana. It makes it clear that an employer is not free to dismiss an employee whenever they feel like doing it. The law requires that an employee may only be dismissed for a valid reason, and even then a fair procedure must be followed. It follows from the above that a dismissal would be unfair if there is no valid reason or fair procedure or both. The principle of ‘fairness’ is unique to labour law and does not necessarily apply to other areas of the law such as the law of contract. Misconduct is the most common reason for dismissal, but there are also other grounds such as poor performance at work, redundancy, incompatibility and incapacity, which attract their own requirements. This book, by a former leading judge of the Industrial Court of Botswana, is easily the most authoritative on the subject to date in the context of Botswana. It is a useful practical guide to employees, employers, trade unions, employers; organizations, HR practitioners and law students.

What You Must Know about Unfair Dismissal

What You Must Know about Unfair Dismissal
Author: André Van Niekerk
Publisher:
Total Pages: 172
Release: 2002
Genre: Employees
ISBN:

The book deals with the law of unfair dismissal. At one stage or another in evry household there is someone who is either an employer or an employee; and anyone who is an employer or an employee is affected by the law of unfair dismissal and should know his or her rights and obligations.

The Philosophy of Unfair Dismissal Law in Nigeria

The Philosophy of Unfair Dismissal Law in Nigeria
Author: Adeyinka Adejugbe
Publisher:
Total Pages: 16
Release: 2020
Genre:
ISBN:

In Nigeria, the past three decades have witnessed a steady growing private sector, but the relationship between employers and employees continues to be a turbulent one and a source of unending litigation. This situation is worsened by the dwindling state of the economy. Paid employment continues to constitute the major source of livelihood of many families and this has made it an important source of livelihood in majority of the households in Nigeria. However, with the employment relationship comes an inherent conflict of interest between the employer and the employee. How best to manage this conflict has been left to the different nations to determine. In Nigeria, the law governs the cessation of an employment relationship but the statute governing dismissal is seemingly still a relic of the received English law as at 1900. The failure to bring the provisions of the statute on dismissal in tandem with the current day realities has brought about a distortion of the balance of interest between the employer and employee. In a bid to ensure stability, the concept of fair dismissal evolved. The aim of this paper is to critically examine the fundamental nature, attitudes, realities, existence and theories that act as guiding principles for unfair dismissal law in Nigeria. This paper examines the evolution of the labour law jurisprudence on unfair dismissal, and its jurisprudential foundation in Nigeria. It seeks to reveal the historical, moral, and cultural basis of unfair dismissal law. The article focuses on finding the answers to such abstract questions as "what is unfair dismissal law?" and "how do judges decide such cases?"