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Have you dismissed an employee for misconduct? Here are seven things you must do before he leaves

by , 22 January 2014
Is your employee leaving your company because you've dismissed him for misconduct? If so, hold a termination meeting and discuss these issues before he leaves...

Dismissing your employee for misconduct?

Here's what you must do before he leaves…

What to discuss when dismissing an employee for misconduct

#1: Your employee must sign his termination letter. If he refuses to sign the termination letter, record this on the form and get someone in the office to sign as a witness.

If your employee's illiterate, you must explain the letter in a language he understands.

#2: Inform your employee of his right to refer the matter to the CCMA. If you don't do this, your dismissal may be found procedurally unfair.

The Practical Guide to Human Resources Management recommends you include this clause on the template termination letter. 'Please note that should you feel that the company has wrongly terminated your services, you have the right to refer the matter to the CCMA'.

#3: Since you're dismissing your employee for misconduct, you don't have to give your employee a reference in this case, but he's still entitled to a certificate of service.

This certificate must include the:

  • Employee's full name
  • Name and address of the company
  • Dates of commencement and termination of employment
  • Position an employee filled or a brief description of the work he did (most recent position)
  • Remuneration at the date of termination
  • Reason for termination (only if your employee requests it).

#4: Discuss the handover before your employee leaves. Remember that your employee's unlikely to co-operate after he's left, so it's best to do the handover before he leaves the premises.

#5: If you're dismissing on notice, it's your company's prerogative to choose whether to pay in lieu of notice, i.e. your employee doesn't work his notice period but, you still pay him.

And if your employee's staying in any company paid or owned accommodation, and you want to pay in lieu of notice, your employee's still entitled to one month's notice on the accommodation.

#6: If you've summarily dismissed (dismissed immediately after a disciplinary hearing, usually only in cases of severe misconduct) and no notice period is given, you must still pay leave pay.

#7: Check any restraints of trade and confidentiality clauses and warn your employee to abide by them.

Well there you have it. Be sure to hold a termination meeting to discuss the above mentioned issues if you're dismissing your employee for misconduct.

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