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The CCMA will nail you if you dismiss unfairly! Here's how to ensure your employee's dismissal is substantively fair

by , 03 December 2013
It's crucial you dismiss your employee in a fair manner. If you don't, he could take you to the CCMA and you could end up paying thousands in compensation. Don't take that risk! Read on to find out how to ensure your employee's dismissal is substantively fair...

Your employee's dismissal MUST be substantively fair.

What is substantive fairness?

Substantive fairness means there's a fair or valid reason for you to dismiss an employee.

Is there a way to ensure dismissal is substantively fair?

Yes.

Use this checklist to make sure you follow the rules of substantive fairness before you dismiss an employee

  • Did your employee break a workplace rule or standard of conduct?
  • Was the rule or standard valid or reasonable?
  • Was your employee aware, or could reasonably be expected to have been aware, of the rule or standard?
  • Did you apply the rule or standard consistently?
  • Was dismissal an appropriate sanction for the contravention?

The Labour Law for Managers Loose Leaf Service says if you answer 'yes' to all of the above, your dismissal is substantively fair.
If you answered 'no' to any of these questions, the Loose Leaf Service recommends you follow these five rules to make sure the dismissal's fair.

Use these five rules to make sure your employee's dismissal is substantively fair
 

  1. Establish if your employee broke your rule;
  2. Establish if your employee was aware of your rules;
  3. Make sure you apply your rules consistently;
  4. Establish if the sanction is appropriate; and
  5. Establish if the rule applies outside of the workplace.

The bottom line: Your employee's dismissal must be substantively fair. If it's not, you could find yourself with a labour dispute on your hands. Make sure this isn't the case by following the procedures outlined above.

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