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Your employee has been sent to prison. How can you dismiss him?

by , 18 September 2015
So one of your employees has been sent to prison. You want to dismiss him but you're not quite sure how.

You can't necessarily dismiss him for misconduct because you'll have to prove that he's at fault. And you can't just claim that the employee did something wrong and that's why he's in prison.

So what now?

You may be able to dismiss him for incapacity. This can be done if he is incarcerated (in prison).

But, in order to do so, you will need to establish the following six things:

1. The employee's been away from work for an unreasonable period of time. 
2. You must do everything that is deemed reasonably possible to determine the length of time the employee will be in prison.
3. The employee must be in an important position in your company.

Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
4. You must first consider all alternatives other than dismissal itself. 
5. You must be able to show that you will not be able to accommodate the employee when he returns. 
6. You must allow the employee to state his case before deciding to dismiss him.

So, there were six things that you'll need to establish before deciding to dismiss an employee, who has been incarcerated, for incapacity. 

To learn more, click below…

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