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Dismissal

Severance pay: the ‘reasonable’ alternative

If you dismiss one of your employees because of operational reasons, you must pay him or her severance pay. You must pay them one week's remuneration for every continuous year that they've spent at your company. However, if you offer this employee alternative employment – and that employee unreasonably refuses – you aren't legally obligated to give severance pay.

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Incapacity dismissals: Not “here” doesn’t mean “gone”

The employment contract creates reciprocal duties between the employer and the employee. The employee's primary duty is to perform the work for which he has been contracted. But what happens when performance become impossible because of ill-health or injury? Contractually, this is grounds to cancel the contract. But labour law doesn't allow for someone's employment to be terminated that way. . Read on to find out about the incapacity investigation process.

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You can be a whistleblower and not face dismissal

'Whistleblowing' refers to the practice whereby employees report the wrongdoings of their employer or fellow employees to the proper authorities. The Protected Disclosures Act (PDA) No. 26 of 2000 is a piece of legislation aimed at corporate governance and attempts to provide safeguards for whistleblowers who follow the prescribed procedure. Despite this, most employees wouldn't consider blowing the whistle – and risking dismissal - even if faced with dire circumstances. This article explores why.

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Have an employment practices liability policy considering dismissal…

Angry employee

... Otherwise you could pay through your nose at the CCMA

In South Africa, there is an average of 800 employee versus employer cases a day at the CCMA. Of these, at least half are won by the aggrieved employee. The CCMA can award up to 12 months of an employees' salary if you're on the wrong side of, for example, an unfair dismissal case. It's clear that if you don't have insurance cover for your business – such as an employment practices liability policy – you're leaving yourself at risk.

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Put together a well-formulated grievance procedure…

Grievance procedure

... And minimise dismissal in your company

Dissatisfaction among employees is a sad but unavoidable fact of business. It's in your interest to resolve grievances in-house before these become out of hand, expensive and possibly lead to dismissal. A well-crafted and implemented grievance procedure is the best way you can do this. Read on to find out how to manage your grievance procedure properly.

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