| Abstract: | The conduct of the employee which entitles the employer to dismiss him fairly is clearly stated in the 1980 Swazi Employment Act. In the final analysis, the fairness or otherwise of the dismissal depends on whether the employer acted reasonably or unreasonably in terminating the services of the employee in the circumstances. This article sets out a brief summary of the place of misconduct as a fair reason for dismissal under Swazi labour legislation. It then outlines the major factors which will determine whether the employer acted reasonably in terminating the employee's employment for the misconduct and whether he took all the circumstances of the case into account. Closely linked to this test of the employer's reasonableness is the issue of the burden of proof. The focus here is on the problematic areas where the alleged misconduct is not apparent on the records. From a study of case law it becomes evident that the High Court and the Court of Appeal of Swaziland have been driven into investigating the factual basis of employers' reasonableness. To dismiss the employee on the basis of the employer's belief or suspicion that the employee is guilty of misconduct clearly runs counter to the objects of the law of unfair dismissal. The industrial court is better suited to decide such issues of fact than either the High Court or the Court of Appeal. Notes, ref. |
AfricaBib 
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Leiden University catalogue
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