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Dismissal

Do these 5 things before you dismiss a poor performer

Performance issues come under the spotlight this time of year - especially as most employers are conducting performance reviews to decide what size of bonuses to pay employees.

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Substantively unfair dismissal

The final section of the new CCMA Guidelines sets out the approach an arbitrator must adopt when he considers what remedies to give for unfair dismissal and how to allocate the costs of the court proceedings.

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You must prove dismissed employees knew the rules

Many HR and IR professionals are frustrated because management has still not come to terms with the fact that they cannot just fire their employees without good cause: Section 188(1) (a) of the Labour Relations Act makes it clear that you, as an employer, cannot fire an employee without good cause.

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When can you dismiss an employee for being drunk at work?

Unfortunately, there is no simple answer to this. There are a set of rules that you must abide by but that being said, you must look at each situation individually and apply each of these rules according to the specific situation.

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Dismissal of absent employees

Before November 1999, Delta’s rate of absenteeism was, on average, 3% – after the execution of a revised policy (to bring policies in line with the amended labour legislation), the rate increased to reach a high of 11, 5%. The increase was attributed to the new policy, which made provision for sick employees to receive their full wage for the sick period.

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