Once an employer is shown to have acted inconsistently by dismissing one employee while not another who committed the same or similar misconduct, the prevalent view is that it automatically follows that the employee’s dismissal is substantively unfair.

Indeed, in accordance with the parity principle, element of consistency on the part of an employer in its treatment of employees is an important factor to take into account in the determination process of the fairness of a dismissal. However, it is only a factor to take into account in that process. It is by no means decisive of the outcome on the determination of reasonableness and fairness of the decision to dismiss. Each case will be treated on the basis of its own facts and circumstances.

For further information you can contact Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za