Follow these two rules to ensure your employee's dismissal is substantively fair
Any labour expert worth his salt will tell you that your employee's dismissal must be substantively fair.
But what exactly is substantive fairness?
It simply means you must have a fair or valid reason to dismiss your employee. If you overlook this, you'll land at the CCMA for unfair dismissal and you'll definitely lose your case.
We know that's a risk you can't afford to take. That's why we recommend you follow these two rules to ensure your employee's dismissal is substantively fair.
There are only three reasons you can fire an employee that the CCMA will consider 'fair' but there are hundreds of reasons you can fire an employee that's automatically 'unfair'!
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Our labour experts recommend you use these two rules to make sure the dismissal is substantively fair
Rule #1: Find out if your employee broke your rules
Use the facts of each case and the evidence you have against your employee to check if he has broken your rules, say the experts behind the Labour Law for Managers Loose Leaf Service
The experts go on to say you must take into account the standard of proof (you must prove your employee's guilt on a balance of probabilities.)
This means you must show it's not only possible, but probable that your employee committed the offence. The chairperson of the disciplinary hearing can only make this decision once he's analysed all the facts in the disciplinary enquiry.
Rule #2: Find out if your employee was aware of your rules
You must find out whether or not your employee knew about your policy and rules and that it was so obvious he must have known about it. Or if it's reasonable to expect him to have been aware of the rule that states that his misconduct was against your company policy.
Here, you must use your written disciplinary policy to prove that what he did amounts to misconduct and he broke your rules. You must also show that you made the policy available to all your employees and that they're aware of its contents.
We've just scratched the surface with these rules. Overall, there are five rules you must follow. You'll find the rest of the rules in the Labour Law for Managers Loose Leaf Service
– so check it out so you can always ensure your employee's dismissal
is substantively fair.