Perfect Beverage's story explains why following proper procedure is essential when dismissing an employee
When we talk about dismissing employees, we always say you must follow the correct procedure to ensure the dismissal is fair.
Now most employers have taken this advice to heart and they've had great results at the CCMA.
An example of such a company is Perfect Beverages.
Take a look at their story below as it explains why following proper procedure is key when dismissing an employee.
Perfect Beverages dismissed an employee for misconduct and poor work performance in their job of liquor cellar and bar control. The employee's misconduct and poor work performance had resulted in significant financial loss to Perfect Beverages.
The employee went to the CCMA claiming unfair dismissal.
At the CCMA, the owner of Perfect Beverages testified that initially there had been no problems with the employee. However, after several months, they had significant stock losses. And the losses were as a result of improper stock control by the employee of the liquor stocks in the cellar and at the bar.
The employee said he couldn't be held liable for stock losses because the stock was never handed over to him and, in addition, other people had control of the keys to the liquor cellar.
So what was the outcome?
If you think following proper procedure isn't important when dismissing an employee, you need to read Perfect Beverage's story
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The outcome at the CCMA was as follows
The Commissioner held that it was indeed the employee's job to control the stock in the cellar and bars, and that the employee had displayed a general dereliction of duty or slack attitude.
The Commissioner further held that if a dereliction of duty by an employee caused substantial losses to his employer's business, the employer has a right terminate the services of such an employee.
The dismissal of the employee was held to have been procedurally and substantively fair.
Here's what you can learn from Perfect Beverage's story
The fact that the Commissioner found this dismissal both procedurally and substantively fair clearly indicates that Perfect Beverages followed fair procedure and had dismissed the employee for a fair reason.
It's also obvious Perfect Beverages kept meticulous records. Otherwise, they wouldn't have been able to prove the stock losses.
The fact that the Commissioner held it was the employee's job to control the stock must have come out during evidence, which refuted the employee's contention that other people had control of the keys.
As you can see, following proper procedure is key when dismissing an employee
. If you do this, your employee won't have a leg to stand on if you dismiss
him and he takes you to the CCMA. The Commissioner will rule in your favour because you'll be able to prove everything you did was above board.
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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