- Use this checklist ensure your employee's dismissal is substantively fair
- Do 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 th... ››› more
- [13 December 2016]
- Is a retrenchment like any other dismissal or is there a difference?
- The current economic conditions have made retrenchments a harsh reality. As the economy continues to move at a slow pace, chances are you may also be forced to restructure your business in the near future. Read on to discover how a retrenchment differs from a dismissal so you can comply with labour law.
If you're still unsure how a retrenchment differs from a dismissal, the Labour Law for Manag... ››› more
- [10 November 2016]
- Five important performance management tasks you can't neglect
- Performance management is more than just a process to document and deliver feedback, coaching and ratings. When you go beyond the basics, it becomes a powerful tool to help employees develop and achieve their full potential, and improve productivity within your company.
Follow these five tasks as part of your performance management process...
Three easy steps t... ››› more
- [20 October 2016]
- How an employee's private hunting trip almost cost Anglo Platinum 11 years' salary and legal fees
- In a recent case law, Anglo Platinum dismissed their employee Mr P De Beer for receiving gifts and favours from suppliers, which was against their policy.
De Beer was the engineering overseer. He was in charge of conveyor belts and processing supplier quotations. The sales rep of their exclusive supplier Mr N Scheepers, was a friend of De Beer. Scheepers would submit quotations for processing t... ››› more
- [31 August 2016]
- Pass this 'Fairness Test' before dismissing an employee for misconduct
- Do you want to dismiss an employee?
And you probably have a few reasons you want to do this. And dismissal for misconduct could definitely be on that list of reasons.
Wanting to dismiss an employee for misconduct basically means that you want to dismiss him because he's broken a company disciplinary rule, which he clearly knew about.
Classic examples of misconduct include gross dishonesty... ››› more
- [11 April 2016]
- Are you thinking of dismissing a probationer? Then FIRST read this to avoid an unfair dismissal
- In many circumstances, you may require a newly-hired employee to undergo a probation period in order to evaluate her abilities before confirming her employment.
The length of the probation period may vary, with between 3-6 months being common practice, and with 1 month being used based on the employee's qualifications and experience.
Anything longer than 6 months will require a lot of explai... ››› more
- [22 February 2016]
- Ensure you meet these 8 requirements in order to have a fair disciplinary hearing
- In 2015, there was a 2% increase in reported cases of unfair dismissal, to the Commission for Conciliation, Mediation and Arbitration. (CCMA), as opposed to 2014.
In light of this fact, you may feel very nervous to dismiss an employee, but we're here to help.
And in starting off, it can be safely said that BEFORE dismissing an employee, you should first hold a
FAIR disciplinary hearing for... ››› more
- [21 December 2015]
- Avoid the mistake 95% of employers make and win your next CCMA case
- You've got a case at the CCMA on Friday. You've prepared all your evidence. You're ready...
Have you called the witnesses? Have you organised for them to be at the CCMA on Friday? Did you go through their evidence with them before the hearing?
If so, make sure that you see them separately and not together. Make sure that a witness who must still testify isn't in the room when another testifi... ››› more
- [19 November 2015]
- 3 Areas to be aware of when dismissing employees
- 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. ... ››› more
- [18 November 2015]
- 8 Important pointers for questioning your witness during arbitration hearing
- Arbitration is a full re-hearing of a case. It includes an investigation of the fairness of your procedures leading up to your employee's dismissal.
During the hearing, you must give evidence to prove why the employee was dismissed. This includes questioning witnesses to prove your case was fair.
The first pointer to note when questioning your witnesses, is you must lead the questions but n... ››› more
- [16 November 2015]