With many dismissals being reported to the Commission for Conciliation, Mediation and Arbitration (CCMA), it's only understandable that you'll be very anxious when you need to dismiss an employee. After all, the last thing you want to do is unfairly dismiss her.
Here are 3 areas to be careful of when dismissing employees. If you're not, you could very well end up paying for it at the CCMA.
1. Fixed-term employment contracts
To prevent abusing fixed-term contracts, the Labour Relations Act
recognises a dismissal whereby the employee could've reasonably expected you to have renewed the contract but instead you offered less-favourable conditions or didn't renew it. Click here
to learn more…
2. Dismissals during notice periods
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Dismissing an employee during her notice period can be unfair.
Normally, either party can terminate the employment contract on, for instance, 4 weeks' notice to the other party. But the LRA
In other words, a dismissal (or termination of the employment contract) here would be unfair if it's not done within a valid reason and according to fair procedure.
3. Dismissing during the probation period
There tends to be a fairly common perception that probationers have fewer rights than a permanent employee. But this isn't the case.
You can only choose to dismiss
a probationer after she's presented her reasons why you shouldn't dismiss
her. And, on top of that, you'll have to seriously consider what she had to say. Click here
to learn more.
*Those were 3 areas to be aware of when dismissing employees. Take note of them and avoid making a foolish mistake, resulting in you being sent to the CCMA for an unfair dismissal.
To find out more practical information advice on dismissals
, subscribe to the Practical Guide to Human Resources Management
Last year, Government implemented over 70 changes to three of SA's most crucial labour Acts.
Among them were:
• When and how to issue employees with a fixed-term contract.
• Unfair discrimination and your employees' pay cheque.
• Steps you MUST take before you recruit a non-South African citizen.
• Labour brokers and the only time you can use them.
• And so many more.
How sure are you your HR department's current processes aren't a lawsuit waiting to happen?
How certain are you that one small oversight won't end up costing your company R2.7 million in fines?
How confident are you that you won't land at the CCMA defending a case for following a faulty HR process?
Don't take a chance when you don't have to.
Be compliant with all these changes and more when you claim your 30 day risk-free membership to The Practical Guide to Human Resources Management today.