Chapter VIII: Unfair Dismissal
188. Other unfair dismissals

1. A dismissal that is not automatically unfair, is unfair if the employer fails to prove-

1. that the reason for dismissal is a fair reason-

1. related to the employee's conduct or capacity; or

2. based on the employer's operational requirements; and

2. that the dismissal was effected in accordance with a fair procedure.

2. Any person considering whether or not the reason for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act .(See Schedule 8, the Code of Good Practice: Dismissal.)