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Incompatibility as a ground for dismissal in South Africa
Thesis   Open access

Incompatibility as a ground for dismissal in South Africa

Selaelo Makgopa
LLM, University of Johannesburg
2026
Handle:
https://hdl.handle.net/10210/520100

Abstract

Employees -- Dismissal of -- South Africa Labor laws and legislation -- South Africa Employees -- Resignation -- South Africa
There has been uncertainty concerning incompatibility being a legitimate dismissal ground. Incompatibility is regulated under common law. As a result, there have been inconsistences in applying this ground for dismissal. Nevertheless, the adoption of the Code of Good Practice has provided some guidance in categorising incompatibility. This research offers an assessment and an analysis of the concept and classification of incompatibility. It evaluates the nature of incompatibility as a justifiable reason for dismissal and the principles established by various case law. The study will also evaluate principles of substantive fairness and procedural fairness within the context of incompatibility.
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