If the Glynnis Breytenbach vs. NPA case serves as anything: Let it be a warning to companies about the importance of ensuring disciplinary practices are factually correct and legally sustainable before they fire employees.
According to The Labour Law for Managers Loose Leaf Service, there are two rules you must follow when firing your employee. If you don't, you could easily find yourself losing your case at the CCMA and paying up to 12 months' compensation.
Follow these two rules when dismissing employees to avoid a CCMA case
Rule#1: Be clear on your reason for dismissal
Never dismiss your employee without being clear about the reason for doing so. Follow the correct procedure based on your reasons.
Here are four procedures you can follow when dismissing your employee:
Remember, in all these cases you must consult with your employee and follow the correct procedures before simply dismissing him.
Rule#2: Always hold a hearing
Never fire your employee without giving him a hearing and sufficient notice of the hearing. No matter how serious the misconduct, or how poor his work performance has been, you'll be giving him a blank cheque to take you to the CCMA.
There you have it. Make sure you don't break any of these rules or, like the NPA, you could land up with a costly court case, like the Glynnis Breytenbach case on your hands.