Khumalo v Swaziland Railway (35 of 2017) [2022] SZIC 173 (8 June 2022)

Case summary

Labour law - Unfair Dismissal: Applicant was dismissed without a hearing by the Respondent whilst still serving his probation after he had admitted that he has circulated confidential information using his cellular phone. Held: Even in cases where there is a valid substantive reason for a dismissal, an employer must still follow fair procedure before dismissing an employee. Hefti Further; Dismissal of the Applicant in casu was procedurally unfair but substantively fair - Applicant awarded 2 moths salary as compensation

---