If you have employees, you've problems! If it's not an employee stealing from you, it's a poor performer who isn't giving you the quality work you need. And dismissing an employee isn't easy. You have to know the difference between a fair and an unfair dismissal before you even think about showing her the door. Otherwise you'll find yourself defending your actions at the CCMA!
Read on to find out the three types of fair dismissals.
Do you know about these three types of a fair dismissal?
1. You can fire Cynthia for misconduct…
Misconduct is the most common reason for dismissal in South Africa. Perhaps your employee, Cynthia, stole sensitive information from your database or Nathan sexually harassed a fellow employee. You need to have certain policies and procedures in place signed by your employee, to make a dismissal stick. These signed policies will be your lifeline if you're ever in deep water for an unfair dismissal.
2. You can also dismiss her if she just can't do her job anymore!
Suppose Cynthia gets seriously hurt in a car accident, and she's been booked off work indefinitely. At some point her incapacity will affect your business because you still have operational needs to fulfill. And let's say the quality of Nathan's work is very poor. If you've tried numerous times to help him improve but he still isn't getting better, you can dismiss
him because he's also incapable of doing his job.
But wait, you don't have the green light just yet! You still need to follow the guidelines set out in the Code of Good Business Practice of the Labour Relations Act. I suggest you have a look at 'You're fired!' Your guide to substantively and procedurally fair dismissals
. It's fully loaded with practical advice to make sure you dismiss
your employee legally!
The last form of a fair dismissal is coming up so keep reading!
Your guide to substantively and procedurally fair dismissals
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The last form for a fair dismissal
3. You can dismiss her because of operational requirements
Does your company have requirements based on economic, technological, structural or other reasons? Every business goes through ups and downs, and often you may feel the pressure of how you'll maintain jobs during a crisis. Section 189 of the Labour Relations Act (Act 66 of 1995)
details what you can do to dismiss
Cynthia in a fair way. The core of this type of dismissal is that Cynthia isn't responsible for the dismissal and the factors are out of her control. In these times, dismissals
are necessary to protect your business from failure.
So now that you know the types of a fair dismissal, you still need to follow the right steps to dismiss
your employee. Deal with a dismissal correctly and save your company money and time!
Product Manager – Practical Guide to Human Resources Management
P.S. You're fired!' Your guide to substantively and procedurally fair dismissals
is still hot on the market. Get your copy now and save yourself a trip to the CCMA for an unfair dismissal!