Don't want to land at the CCMA for firing an employee? Then follow these three tips
Firing an employee can be an expensive exercise if you don't do it properly, warn the experts behind the Labour Law for Managers Loose Leaf Service.
If you don't do it properly, you'll land at the CCMA. And that's very expensive when you think about the legal fees and compensation costs.
Don't become an employer who lands at the CCMA for firing an employee. Follow these three tips to avoid legal comebacks.
Tip #1: Act calmly and rationally
Three tips to help you avoid landing at the CCMA for firing an employee
Never lose your temper or act without thinking, says the Labour Law for Managers Loose Leaf Service
Give yourself time to calm down and consider all aspects of your employee's conduct. If you're angry, you won't investigate the facts properly. You may hold a disciplinary hearing or dismiss
without being clear on exactly what your employee did wrong.
Be warned! If you don't back up your decision to dismiss
with facts, the CCMA will probably overturn your decision and you'll have to reemploy your employee.
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Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch
When it comes to chairing disciplinary hearings, you can't afford to make any errors.
If you make one mistake the hearing will be ruled as unfair.
Discover the five steps you need to take to hold a legally compliant disciplinary hearing today
Tip #2: State the charges clearly and simply
Don't use complicated names for disciplinary charges when preparing allegations for a disciplinary hearing.
Describe what you say your employee did wrong in plain and simple language. This is more important than giving the offence a fancy name.
Your employee must know what case he has to defend. Calling it 'gross negligence' means nothing unless you clearly state what he did that amounts to gross negligence.
Tip #3: Don't deny your employee representation
Never tell your employee he can't have any representation at his disciplinary hearing.
You must at least allow a fellow employee to represent him. If he's a union member, let a shop steward represent him. If the employee you're charging is a shop-steward, inform and consult with his trade union before you institute disciplinary proceedings.
Using these three tips will help you avoid landing at the CCMA for firing an employee.
Find out how to increase you chances of winning at the CCMA
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