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If you violate these two rules when firing an employee, you could find yourself at the CCMA

by , 05 September 2014
You must tread carefully when firing an employee. Dismissal in employment law is, after all, the same as a death sentence in criminal law!

So not only must you NOT impose dismissal lightly or arbitrarily, you must play by the rules. If you don't, you could easily find yourself losing your case at the CCMA and paying up to 12 months' compensation.

Since that's a risk you can't afford to take, NEVER violate the following two rules when firing an employee.

If you don't want to find yourself at the CCMA, never break these two dismissal rules 

Rule#1: Be clear on your reason for dismissal

Never dismiss your employee without being clear about the reason for doing so. You must follow the correct procedure. This includes:
  • Holding a hearing if you're dealing with misconduct;
  • Going through a performance management process if you're dealing with a poor performance problem;
  • Holding an incapacity hearing if your employee is unable to perform his duties due to ill-health or injury; and
  • Going through the full retrenchment process before letting him go because your business is doing badly and you can't afford to keep him on.
There's one more rule you mustn't break…
*********** Hot off the press ************
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'!

Click here and I'll show you how you can dismiss fairly and legally!


Rule#2: Always hold a hearing

Never fire 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 fire him without a proper disciplinary hearing, warns the Labour Law for Managers Loose Leaf Service.

There you have it: If you want to avoid a trip to the CCMA, never violate these two rules when firing your employee.
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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