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Busted! The three biggest dismissal myths

by , 22 September 2014
There are a lot of dismissal myths out there.

One of them is that labour laws make it impossible to dismiss an employee. This couldn't be further from the truth.

The Labour Relations Act (LRA) lays down processes you must follow when you want to dismiss an employee. This ensures there's fairness in the process. There isn't an expectation that you must continue to employ someone who is a problem.

There are three more popular dismissal myths that our experts will bust today.

Keep reading to find out what they are so you won't find yourself on the wrong side of labour law.


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There are only three reasons you can fire an employee that the CCMA will consider 'fair' but there are hundreds of reasons you can fire an employee that's automatically 'unfair'!

Click here and I'll show you how you can dismiss fairly and legally!

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Experts behind the Practical Guide to Human Resources Management bust three dismissal myths 
 

Myth #1: I must give three warnings before I can dismiss

According to the experts, it depends on the offence.

They say most offences that constitute to misconduct carry at least a final written warning penalty or summary dismissal at first offence.

Myth #2: The CCMA is biased against employers

This isn't true

The CCMA is an objective body. It listens to the case and decides on the merits of what you present to it.

If you feel the CCMA Commissioner wasn't impartial, you can lay a complaint against him.

Myth #3: I must wait for a formal complaint before taking action against an abusive employee

According to the experts, you have a duty to protect your employees from harassment or any form of discrimination.

They add, 'you must take action if you become aware of harassment, even if no one has laid a formal complaint. Failure to do this could lead to a case at the CCMA and possible civil action against your company.'

Knowing fact from fiction when it comes to dismissal will help ensure you don't find yourself on the wrong side of the law.

PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.

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