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Avoid these two types of automatically unfair dismissals

by , 03 June 2013
Have you changed some of your terms and conditions of employment? And now you want to dismiss your employee for not accepting them? Stop! If you fire him, it'll automatically be unfair and you'll find yourself in hot water at the CCMA. Read on to discover the two things considered as automatically unfair dismissals so you can avoid them at all costs...

As an employer, you can't dismiss an employee if you don't have a fair or valid reason to do so. If you make this mistake, your employee could take you to the CCMA and you could end up paying thousands in compensation.

But you can avoid this if you know what constitutes to automatically unfair dismissal.

According to The Labour Law for Managers Loose Leaf Service, it's an automatically unfair dismissal if you:

1. Dismiss an employee for belonging to a union or workplace forum.
Employees have the right to freedom of association. This includes their right to join a trade union or a workplace forum. If you dismiss an employee for belonging to, or participating in one, it's automatically unfair.

So don't dismiss an employee for:

  • Forming a union or workplace forum;
  • Joining a union or workplace forum;
  • Participating in the legal activities of a union or workplace forum;
  • Participating in the election of union officials or office bearers;
  • Standing for election as an official or office bearer of a union; or
  • Refusing to give up membership of a union/workplace forum.

2. Victimise an employee for actions he's legally obliged to do.
'You also can't dismiss an employee on grounds that constitute the victimisation of an employee,' says the Loose Leaf. This means if you dismiss him for one of the following reasons, the dismissal's automatically unfair:

  • The employee's failure or refusal to do something you can't legally allow or ask him to do. This includes actions that aren't allowed in terms of a collective agreement or legislation. For example, the Basic Conditions of Employment Act (BCEA) and the Occupational Health and Safety Act (the OHSA).

Knowing the types of automatically unfair dismissals will help ensure you avoid dismissing your employees unfairly.


You CAN fire that problem employee!

In only 30 minutes, you can gain the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA

How do you get rid of that bad apple?

You know the one – that employee who's dragging your whole team down. The one everyone is fed up with for having to pick up extra work because he clearly still has no clue how to do his job.

You've spent hours and hours going through the necessary performance management steps. But now comes the tricky part.

How do you fire him?

What reason do you give for firing him?

Never worry about the CCMA again!

There are only three ways to dismiss someone fairly…

But even if you dismiss someone for a fair reason, but don't follow the correct procedure, the CCMA will still deem it unfair!

Today I'll show you how to fire him – legally so you'll never have to worry about the CCMA again.  


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