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Before you fire Craig, use this five point checklist to ensure you follow the rules of substantive fairness

by , 11 November 2014
Our labour laws make it clear that dismissal must be fair.

This means, you must have a fair or valid reason to dismiss your employee, Craig.

If the dismissal isn't substantively fair, you could end up paying thousands in compensation if Craig takes you to the CCMA.

Don't take that risk.

Before you fire Craig, use this five point checklist to ensure you followed the rules of substantive fairness.


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To ensure Craig's dismissal is substantively fair, use this five point checklist

 
You must ask yourself these questions to ensure there's substantive fairness:
 
  1. Did my employee break a workplace rule or standard of conduct?
 
  1. Was the rule or standard valid or reasonable?
 
  1. Was my employee aware, or could reasonably be expected to have been aware of the rule or standard?
 
  1. Did I apply the rule or standard consistently?
 
  1. Was dismissal an appropriate sanction for the contravention?
 
If you answer 'yes' to all of the above, you can be assured your dismissal is substantively fair. If you answered 'no' to any one of them, follow the rules below to make sure the dismissal is fair.
 

Use these five rules to make sure dismissal is substantively fair
 

  1. Establish if your employee broke one of your rules;
  2. Establish if the employee was aware of your rules;
  3. Make sure you apply your rules consistently;
  4. Establish if the sanction is appropriate; and
  5. Establish if the rule applies outside of your workplace.

To avoid a costly CCMA trip, use this five point checklist to ensure you followed the rules of substantive fairness before you fire Craig.
 
PS: For more information on dismissals, check out the Labour Law for Managers Loose Leaf Service.
 


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