- Always ask these five questions when disciplining or dismissing employees to ensure substantive fairness
- Can your employee take you to the CCMA even if he resigns from employment? Yes, he can!
He can claim you forced him to resign. And if the CCMA finds in his favour, you'll be forced to pay your employee compensation. This could cost you thousands of rand This type of dismissal is referred to as a constructive dismissal.
Read on to discover the four examples that constitute to a... ››› more
- [07 December 2016]
- 'I'm sorry; you didn't get the promotion...' An unsuccessful employee can claim up to 12 months' remuneration!
- It's normally quite simple. You decide who you want to promote. It's your prerogative. You're running the show, and you're perfectly within your rights to decide who you want, or don't want, in a position.
But did you know an employee can have a claim against you if she can prove you were unfair in not giving her the position? Or she can prove you didn't objectively consider her application?
... ››› more
- [18 August 2016]
- Before you fire Craig, use this five point checklist to ensure you follow the rules of substantive fairness
- Our labour laws make it clear that dismissal must be fair.
This means, you must have a fair or valid reason to dismiss your employee, Craig.
If the dismissal isn't substantively fair, you could end up paying thousands in compensation if Craig takes you to the CCMA.
Don't take that risk.
Before you fire Craig, use this five point checklist to ensure you followed the rules of substantive... ››› more
- [11 November 2014]
- Never break this rule if you want to make sure your employee's dismissal is substantively fair
- If you have an employee you want to dismiss, we want to bring something important to your attention.
You have to ensure your employee's dismissal is substantively fair. This means, you must have a fair or valid reason to dismiss your employee.
Now there's one rule you must never break if you want to make your employee's dismissal is substantively fair.
Read on to find out what this rule i... ››› more
- [26 September 2014]
- Follow these two rules to ensure your employee's dismissal is substantively fair
- Any labour expert worth his salt will tell you that your employee's dismissal must be substantively fair.
But what exactly is substantive fairness?
It simply means you must have a fair or valid reason to dismiss your employee. If you overlook this, you'll land at the CCMA for unfair dismissal and you'll definitely lose your case.
We know that's a risk you can't afford to take. That's why... ››› more
- [26 August 2014]
- Use these five rules to ensure your employee's dismissal is substantively fair
- News reports state that former Cape Times editor Alide Dasnois is considering legal action following her dismissal from the newspaper. It was reported on Friday that Dasnois had been fired and that she was informed of her dismissal the same day. The matter has cast the spotlight on dismissals. Here are the five rules you can use to ensure your employee's dismissal is substantively fair.
In a Ne... ››› more
- [12 December 2013]
- The CCMA will nail you if you dismiss unfairly! Here's how to ensure your employee's dismissal is substantively fair
- It's crucial you dismiss your employee in a fair manner. If you don't, he could take you to the CCMA and you could end up paying thousands in compensation. Don't take that risk! Read on to find out how to ensure your employee's dismissal is substantively fair...
Your employee's dismissal MUST be substantively fair.
What is substantive fairness?
Substantive fairness means there's a fair ... ››› more
- [03 December 2013]
- Telkom suspends its CFO! Here's how to ensure your employee's suspension is fair
- Telkom has suspended its Chief Financial Officer (CFO) Jacques Schindehütte pending a disciplinary hearing. According to a BDlive report, the suspension follows the findings of an investigation commissioned by Telkom's board after certain allegations were made against Schindehütte. While you await the outcome of this high profile suspension, make sure you know what the Labour Relations Act (LRA)... ››› more
- [25 October 2013]
- Cosatu suspends Zwelinzima Vavi! Do you know when a suspension is justified?
- Cosatu general secretary Zwelinzima Vavi has been suspended. The move came after a special Cosatu central executive committee meeting held yesterday. The meeting was called to discuss Vavi's future after he admitted to having an affair with a woman he appointed to work in Cosatu House. It's believed Vavi was suspended pending the outcome of an internal probe into his conduct. While you await the o... ››› more
- [15 August 2013]