Guidelines » Unfair dismissals »

Avoid unfair dismissal claims by following the guidelines below.

DISMISSAL: MISCONDUCT

Contents

1. OVERVIEW: DISMISSAL FOR MISCONDUCT
2. THE NATURE OF DISCIPLINE
2.1 There must be a rule or standard
2.2 The rule must be valid
2.3 The rule must be consistently applied
2.4 The employee must be aware of the rule
2.5 Corrective approach
3. THE DISCIPLINARY HEARING
3.1 Preparation for disciplinary hearing
3.2 Conducting the disciplianry hearing
3.3 Administration after the hearing

Downloadable Forms Click here to access these documents in the Forms section

1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing & suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service

DISMISSAL: MEDICAL INCAPACITY

Contents

1. WHAT IS MEANT BY MEDICAL INCAPACITY?
2. HOW DOES THE EMPLOYER BECOME AWARE OF THE PROBLEM?
3. WHAT PROCEDURES MUST BE FOLLOWED?
4. NOTIFICATION
5. ASSISTANCE / REPRESENTATION
6. CONSIDERATIONS OF FAIRNESS
7. CONFIDENTIALITY
8. THE TEST – LABOUR RELATIONS ACT OF 1995

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 3.1 Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of investigation
Form 3.4 Notice of dismissal

DESERTION & RESIGNATION

Contents

1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?

Downloadable Forms Click here to access these documents in the Forms section.

Form 5.1 Desertion letter

DISMISSAL: POOR WORK PERFORMANCE

Contents

1. POOR WORK PERFORMANCE: WHERE DOES IT FIT IN ?
2. MEANING OF POOR WORK PERFORMANCE
3. DEALING WITH POOR WORK PERFORMANCE
4. WHO SHOULD BE INVOLVED ?
5. INVESTIGATION THAT MAY LEAD TO DISMISSAL
6. THE TEST – LABOUR RELATIONS ACT
7. PROBATIONERS

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal

RETRENCHMENT <50 EMPLOYEES

Contents

1. MEANING OF RETRENCHMENT
2. WHEN CAN EMPLOYEES BE RETRENCHED
3. THE DUTY TO CONSULT
3.1 Who to consult with
3.2 What to consult about
3.3 Disclosure of information
3.4 What does “consult” mean
4. SELECTION CRITERIA
5. AVOIDING/MINIMISING RETRENCHMENT
6. TIMING OF RETRENCHMENT
7. MITIGATING THE ADVERSE EFFECTS OF RETRENCHMENT
8. SEVERANCE PAY
8.1 The amount
8.2 Where there is no obligation to pay

Downloadable Forms Click here to access these documents in the Forms section

Code of Good Practice. Dismissal for operational requirements.1999.07
Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter

RETRENCHMENT >50 EMPLOYEES

Contents

1. RETRENCHMENT: EMPLOYERS WITH MORE THAN 50 EMPLOYEES
1.1. Introduction
1.2. Facilitator
1.3. 60 days allowed for consultation/facilitation
1.4. Consultation
1.5. After the 60 days