Services - Labour Guideline

Labour Guidelines


DISMISSAL: MISCONDUCT

In Private, Unfair dismissals by Pieter8 Comments


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

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Comments

  1. One of the employees has stolen money in December and has not returned to work. How do I handle this.

    1. Reply to Lulama: It is quite possible that she has deserted. You can send her a communication to confirm whether this is the case. If you are a subscriber, Labourwise can assist you with the wording and give guidance on how to deal with the matter.

    1. Reply to Mokgalaka: You may challege your dismissal by referring a dispute to the CCMA.

  2. Can my line manager accuse an employee of rendering bad financial advice when he did nothing after 5 performance appraisals to highlight his concerns about the quality of my advice or set a meeting with him or her whether formal or informal to satisfy himself that the advice dispensed to clients is aligned to what is required by the business

    1. Reply to Simon: Whether bad financial advice was renderd in a specific instance is objectively determinable. What action can be taken, though, depends on the seriousness of the ‘mistake’ or ‘mistakes’, as well as (in your case) the extent to which he engaged with you regarding the expectations of the business.

  3. I was unfairly dismissed for misconduct on 2 cases. I needs advice that i can use in the labour court. Please assist

    1. Reply to Francois: You may refer an unfair dismissal dispute to the CCMA within 30 days of the date of your dismissal.

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