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Never break this rule if you want to make sure your employee's dismissal is substantively fair

by , 26 September 2014
If you have an employee you want to dismiss, we want to bring something important to your attention.

You have to ensure your employee's dismissal is substantively fair. This means, you must have a fair or valid reason to dismiss your employee.

Now there's one rule you must never break if you want to make your employee's dismissal is substantively fair.

Read on to find out what this rule is so you don't land at the CCMA and pay thousands in compensation.


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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!

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Want to ensure your employee's dismissal is substantively fair? Don't break this rule


The rule is: You must establish if the sanction is appropriate.

When you discipline your employee, you must consider any aggravating and mitigating factors to decide on the appropriate sanction or punishment after you find your employee guilty.

These factors will include:
 
  1. The seriousness of the misconduct. If your employee's conduct breaks the trust relationship between you and him, dismissal's appropriate even if it's his first offence.
 
  1. The nature of your employee's job. It's an aggravating factor if a security guard commits theft. It goes against the nature of his job. The same applies to a Human Resources officer who abuses sick leave because he's the custodian of the sick leave procedure.
 
  1. Your employee's length of service. Long service usually counts in your employee's favour, but in certain circumstances, it can make the situation worse. This is when long service has established a greater trust relationship that the employee's broken.
 
Here's the bottom line: If you want to ensure your employee's dismissal is substantively fair, don't break the above rule.

PS: There are four more rules you must never break to ensure dismissal is substantively fair. You can find the four other rules in the Labour Law for Managers Loose Leaf Service.

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