Question: QUESTION 2 (20 marks) Substantive and Procedural Fairness Many dismissed employees are left wondering if their dismissal was fair or unfair in terms of our

QUESTION 2 (20 marks)

Substantive and Procedural Fairness

Many dismissed employees are left wondering if their dismissal was fair or unfair in terms of our legislation. It is always important to know your rights and what your options are if you are one of those unfortunate individuals who find themselves suddenly unemployed and struggling to make ends meet. The Employment Act of Botswana has a Code of Good Practice for Dismissals that employers must follow. The 'fairness' of any dismissal is decided in two ways substantive fairness and procedural fairness.

Required:

a. With the aid of a work situation scenario, explain substantive fairness and thoroughly describe how it can be determined in disciplinary enquiry. (10 marks)

b. Explain how the procedural fairness of a disciplinary enquire can be established supporting your answer with any work related case known to you (10 marks)

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