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| Title: | The Opportunity to State Case in the Law of Unfair Dismissal in Swaziland in the Light of the Developments in South Africa and the United Kingdom |
| Author: | Okpaluba, Chuks |
| Year: | 1999 |
| Periodical: | African Journal of International and Comparative Law |
| Volume: | 11 |
| Issue: | 3 |
| Period: | October |
| Pages: | 392-417 |
| Language: | English |
| Geographic term: | Swaziland - Eswatini |
| Subjects: | dismissal labour contracts labour law Law, Human Rights and Violence Labor and Employment |
| External link: | https://heinonline.org/HOL/Page?handle=hein.journals/afjincol11&id=410&collection=journals&index=journals/afjincol |
| Abstract: | Neither Swaziland's Employment Act 1980 nor the Industrial Relations Act 1996 provide in express terms that an employee should be heard before he/she is dismissed. Moreover, the first President of the Industrial Court often prefixed his decisions by saying: 'though such an enquiry is not a legal requirement in Swaziland ... ' thus creating the impression that whenever the Court found that an employee should have been heard before dismissal, it was in the dispensation of benevolent justice. The present author examines the way in which the Industrial Court of Swaziland has tackled the issue of the employee's right to be heard before he/she is dismissed from employment for misconduct in the light of developments of this aspect of the law in Great Britain and South Africa, to whose jurisdictions the courts in Swaziland would traditionally turn in the search for persuasive authority or guidance. He finds that the availability of the time-honoured principle of opportunity to state case before dismissal for misconduct or improper performance in the law of unfair dismissal in Swaziland depends largely on the perceptions and dispositions of the presiding judge of the Industrial Court. In view of this, there is a strong case for legislative intervention. Notes, ref. |