<Ul> <Li> historical inconsistency, where the employer has in the past not proceeded against an employee for contravening the rule; and </Li> <Li> contemporaneous inconsistency, where employees who breach the same rule contemporaneously, or at roughly the same time, are not all disciplined, or not all in the same way, or to the same extent . </Li> </Ul> <Li> historical inconsistency, where the employer has in the past not proceeded against an employee for contravening the rule; and </Li> <Li> contemporaneous inconsistency, where employees who breach the same rule contemporaneously, or at roughly the same time, are not all disciplined, or not all in the same way, or to the same extent . </Li> <P> Inconsistency will not always be unfair . The employer can justify inconsistency through factors such as the employees' different circumstances: length of service, for example, or disciplinary records and personal circumstances . </P>

South african labour law working without a contract