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Labour law in South Africa is strictly regulated, and is governed by several statutes, but mainly by Labour Relations Act No 66 of 1995 (LRA).

The LRA deals with the employment relationship and was promulgated to uphold the right to fair labour practices in terms of Constitution of the Republic of South Africa, 1996, s 23. It protects the rights of employees and employers and dictates how employers and employees must conduct themselves with respect to the employment relationship.

Chapter 8 of the LRA, read with Sch 8, prescribes very limited circumstances where an employer may dismiss an employee. An employer must be able to demonstrate that an employee was dismissed for a fair reason and in accordance with a fair procedure. The rule with employee discipline is that of corrective or progressive discipline.

In this regard, efforts must be made to correct employees' behaviour through a system of graduated disciplinary measures such as counselling and warnings. Dismissal should be reserved for cases of serious misconduct or repeated offence.

The LRA further lists employer conduct which would constitute an unfair