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Follow these four procedures when dismissing an employee

by , 29 September 2014
Dismissing an employee can be an expensive exercise if you don't do it properly.

Your employee can take you to the CCMA and this means you have to take time off work to prepare for the case and pay for legal costs. What's more, if you lose, you'll have to pay thousands in compensation to your employee.

Luckily, there's a way to avoid all of this.

Read on to find out four procedures you must follow when dismissing an employee so you'll avoid any legal comebacks.


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Four procedures you must follow when dismissing an employee


According to the Labour Law for Managers Loose Leaf Service, the number one rule for dismissal is: You must be clear on your reason for dismissal.

You must never dismiss an employee without being clear about the reason for doing so. You have to follow the correct procedure based on your reasons.

Here are the procedures you must follow:

#1: Hold a disciplinary hearing if your employee has committed misconduct.

#2: Go through a performance management process if your employee isn't performing properly. Don't forget to include counselling. This will help ensure you give your employee a fair chance to improve before you consider dismissing him.

#3: Hold an incapacity hearing if he's unable to perform his duties and responsibilities due to ill-health or injury. You'll also have to consider a suitable alternative position or measure to accommodate him before dismissing him for incapacity.

#4: Go through the full retrenchment process before letting your employee go because your business is doing badly and you can't afford to keep him on, or because you want to restructure and won't have a job for him.

Here's the bottom line: You must follow these four procedures when dismissing an employee. If you don't, you could easily find yourself at the CCMA, losing your case and paying up to 12 months' compensation.

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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