HomeHome SearchSearch MenuMenu Our productsOur products

Do you follow these rules before you dismiss an employee for misconduct?

by , 21 November 2013
Johannesburg police have come under fire for reportedly demanding bribes of up to R5 000 a week from informal traders who want to avoid eviction. Surely, these cops are guilty of misconduct, and they should be demoted or dismissed?

That depends, say the experts at the Labour Law for Managers Loose Leaf.
If the police's company policies list the acceptance of bribes as a serious misconduct, then yes, they might be dismissed!
But any employer must follow these essential rules before dismissing an employee for misconduct.
Three rules to adhere to before dismissing an employee for misconduct
Rule #1: Only consider dismissal in cases of very serious misconduct or repeated misconduct where less severe penalties have not had the desired effect of correcting the employee's misconduct.
Dismissal in employment law is the equivalent of the death sentence as a criminal penalty and should not be imposed lightly or arbitrarily.
You may dismiss an employee on notice or you may dismiss summarily (i.e. where you give no notice or payment in lieu of notice).
Rule #2: Fair dismissal must be for a fair reason related to proven misconduct and carried out by means of a fair procedure.
Rule #3: Hold a proper disciplinary enquiry prior to imposing dismissal as a sanction.
The employee can challenge the dismissal as being procedurally and/or substantively unfair at the CCMA or a bargaining council.
Keep these rules in mind, whenever you're faced with an employee's misconduct. 


Related articles




Related articles



Related Products



Comments
0 comments


Recommended for You 

  Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance



Here are all the most interesting, thought-provoking and common tax questions
asked by our subscribers over the last tax year – everything from A to Z!

To download Quick Tax Solutions for Busy Taxpayers – 35 tax answers at a glance click here now >>>
  Employees always sick? How to stop it today



Make sure you develop a leave policy to regulate sick leave in your company.

BONUS! You'll find an example of the leave policy and procedure in this report.

To download Employees always sick? How to stop it today click here now >>>
  Absenteeism: Little known ways to reduce absenteeism



This FREE e-report will tell you how you can reduce absenteeism in your workplace while avoiding the CCMA and without infringing your employees' labour rights.

To download Absenteeism: Little known ways to reduce absenteeism click here now >>>
  7 Health & safety strategies to save you thousands



Don't let a health and safety incident cost you one more cent. Implement these seven
strategies in your company today.

To download 7 Health & safety strategies to save you thousands click here now >>>