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Don't be guilty of making one of these four unfair dismissal mistakes

by , 29 September 2014
Employers continue to make costly mistakes when dismissing employees. The high number of unfair dismissal cases before the CCMA is proof of this.

But it's not all doom and gloom.

Today we reveal four dismissal mistakes employers make so you can avoid losing at the CCMA and paying thousands in compensation.


Avoid these four unfair dismissal mistakes 


Dismissal mistake #1: Failing to follow your own policies and procedures

Never fire your employee without following all the steps in your disciplinary procedure or policy.

'The courts don't have sympathy for employers who don't comply with their own procedures or policies,' warn the experts behind the Labour Law for Managers Loose Leaf Service.

Dismissal mistake #2: Failing to hold a disciplinary hearing

Don't dismiss 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 if you don't hold a hearing.

 
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Dismissal mistake #3: Not considering another penalty

Don't fire your employee without considering if there's another penalty that would be sufficient.

If a penalty short of dismissal will correct your employee's unacceptable behaviour and, you haven't lost all trust and faith in him, impose the lesser penalty and give him the chance to correct his behaviour.

Dismissal mistake #4: Giving a good reference

You mustn't give an employee you've fired for poor performance a reference that says he was a good performer.
You'll be misleading prospective future employers and will also be giving him evidence he could use against you if he refers a dispute to the CCMA.

Now that you know about these dismissal mistakes, avoid them at all costs so you don't land at the CCMA.

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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