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Use this checklist ensure your employee's dismissal is substantively fair

by , 13 December 2016
Use this checklist ensure your employee's dismissal is substantively fairDo you have an employee that you want to dismiss, but aren't sure if it's substantively fair? Here's how to make sure it is so you don't pay thousands in compensation if your employee take you to the CCMA.

According to The Labour Law for Managers Loose Leaf Service, substantive fairness means there's a fair or valid reason for you to dismiss an employee.

If you dismiss your employee and the reason is automatically unfair, you may be ordered to reinstate him to his position. And you can be ordered to pay compensation equal to a maximum of 24 months' remuneration calculated at the employee's rate of remuneration at the time of dismissal.

To ensure your employee's dismissal is substantively fair, follow these five rules…

Is your employee's dismissal substantively fair?

The Labour Law for Managers Loose Leaf Service suggests you use this checklist to make sure you follow the rules of substantive fairness before you dismiss an employee

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

If you answer 'yes' to all of the above, you can rest assured your dismissal is substantively fair and can avoid being taken to the CCMA.


You CAN fire that problem employee!

In only 30 minutes, you can gain the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA

How do you get rid of that bad apple?

You know the one – that employee who's dragging your whole team down. The one everyone is fed up with for having to pick up extra work because he clearly still has no clue how to do his job.

You've spent hours and hours going through the necessary performance management steps. But now comes the tricky part.

How do you fire him?

What reason do you give for firing him?

Never worry about the CCMA again!

There are only three ways to dismiss someone fairly…

But even if you dismiss someone for a fair reason, but don't follow the correct procedure, the CCMA will still deem it unfair!

Today I'll show you how to fire him – legally so you'll never have to worry about the CCMA again.  


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