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10 Indus. L.J. (Juta) 320 (1989)
Venter v Renown Food Products

handle is hein.journals/iljuta10 and id is 322 raw text is: 320 VENTER v RENOWN FOOD PRODUCTS D A BASSON AM, HARTDEGEN AM (1989) 10 ILJ 320 IC A and limited to a period of three months only. This amount is to be paid within 30 days of this order. 2 No order is made as to costs. HARTDEGEN, Additional Member, concurred. B Respondent's Attorneys: Deneys Reitz, Johannesburg. c VENTER v RENOWN FOOD PRODUCTS INDUSTRIAL COURT D 24 January; 27 January 1989 PRETORIA Before D A BASSON and HARTDEGEN, Additional Members E Dismissal-Incompetence--Employer required to take all reasonable steps to assist employee to remedy alleged deficiency-Procedural fairness also required. Dismissal-Procedural fairness-Incompetence alleged-Proper and fair hearing required. Status quo relief-Conciliation board deadlocked-Status quo order none the less F of value for conciliation of dispute. A prudent employer who claims that an employee is incompetent would confront the employee with the alleged incompetence, take all reasonable steps to assist him in trying to remedy the alleged deficiency, even try to accommodate him G otherwise, and, in addition, would accord the employee a fair and proper hearing. The employer had terminated the services of the applicant employee on the basis that his employment had been subject to a fixed-term contract. The court found, on the facts, that the employer could not rely on temporary or fixed-term employment as a basis for the termination of the employee's H services. As for his alleged incompetence, which the employer claimed would have justified dismissal in any event, the court found that it was not serious enough to justify dismissal. Application in terms of s 43 of the Labour Relations Act 28 of 1956. The facts appear from the reasons forjudgment. Adv R Hutton for the applicant. Adv F G Barrie for the respondent. Judgment reserved. I D A BASSON, Additional Member: This is an application in terms of s 43 of the Labour Relations Act 28 of 1956 (the Act) for a status quo order on the grounds of an alleged unfair labour practice. The alleged unfair labour practice is the alleged unfair dismissal of Mr J J Venter (hereafter also

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