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Dismissal Procedures

This week Ivan Israelstam gives examples of fair discrimination.  Then explains how one employer was able to successfully defend against an allegation of unfair discrimination, and another employer could not defend against a dismissal that was found to be an automatically unfair dismissal. 

Employers sometimes know that misconduct has definitely taken place, but the employer can’t pinpoint the actual culprit/s. The temptation is to dismiss every employee, who may have possibly been involved. This week ivan Israelstam deals with cases where this has happened.

Good practices during recruitment of new employees are critical to business success. One key issue is to obtain relevant documentary evidence of qualifications and the employer has the responsibility to ensure that the documents, such as qualifications and licences are genuine. Obtaining a history of the potential employee's past work experience may be more difficult and what will be considered relevant to the position may not always be clear.  This week Ivan Israelstam explains the complexities in establishing what is relevant. 

This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee.  However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. 

This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements.  These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. 

What rights does an employer have to discipline an employee for misconduct outside the workplace? What will be taken into account when an employee commits an offence - or a related crime - outside the workplace? This week Ivan Israelstam explains what factors will be taken into account by the CCMA. 

This week Ivan Israelstam persuades employers to protect themselves by joining an employer organisation - so that they have protection at the CCMA. Ivan expresses the opinion that labour law provides very little protection for employers and that the protection of employees has been increasing over time. He provides examples from the cases.

 

The South African Constitution provides employees with the right to fair labour practices. Prior to a dismissal decision an employee should be made aware of the allegations against him/her and given chance to be heard on the matter.

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