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Two instances when you can dismiss your employee summarily

by , 01 September 2014
Did you know that there's something called summary dismissal?

This is just one of the different forms of dismissal, it's very unique and you need to handle it correctly.

If you don't, you'll find yourself with a full blown labour dispute on your hands. Since that's a risk you can't afford to take, keep reading to discover the two instances when you can dismiss your employee summarily.


You can only apply the sanction of summary dismissal in these two instances:
 

#1: You can dismiss your employee summarily if you find her guilty of serious misconduct.

The conduct must be so serious that it warrants dismissal straight away and without giving her the notice to which she's entitled in terms of her contract of employment or the Basic Conditions of Employment Act (BCEA).

#2: Summary dismissal is appropriate in an instance where your employee commits a serious breach of her duties in terms of her employment contract.

Sound complicated? Have a look at this example.

*********** Hot off the press ************
 
Here's how to say 'you're fired!' the legal way!

 
******************************************
 

Here's an example of summary dismissal
 

The ABC law firm finds that, Joey, an employee at the company has been systematically defrauding the law firm of funds it holds for clients. Following a disciplinary enquiry, The ABC law firm dismisses Joey and, due to the seriousness of the act of misconduct, the law firm dismisses her without notice.

Make sure you keep this point in mind when it comes to summary dismissal


The Labour Law for Managers Loose Leaf Service says it's a good idea to include a clause in your contracts of employment that allows you to terminate your employee's employment without notice if there's a good reason to do so. This will ensure there is no dispute about notice if you need to dismiss your employee summarily.

There you have it. These are the only two instances when you can dismiss your employee summarily.



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