Break these three rules when you dismiss Paul and you’ll end up at the CCMA

Simangele Mzizi, Fsp Business, 13 Nov. 2014

Tags: dismissal, dismissal rules, ccma

Let’s assume your employee Paul, broke a workplace rule. As a result, you want to dismiss him.

You can’t believe his blatant disregard of your rules and you just want to get rid of him as soon as possible.

Before you get rid of him, we want to bring something important to your attention: Firing an employee can be an expensive exercise if you don’t do it properly. Your employee could take you to do the CCMA and you could be ordered to pay compensation costs.

To avoid this fate, we urge you to NEVER break the following three rules when you dismiss Paul.

Three rules you must never break when you dismiss Paul

Rule 1: Take time to verify all the facts
Experts behind the Labour Law for Managers Loose Leaf Service say you must take time to make sure you have all the facts before you decide to discipline an employee and before you decide what the allegations should be.
Never rely on what you’re told without verifying the facts yourself.
Acting on the basis of what someone told you another person saw happen is relying on hearsay evidence.
Instead, gather the facts from eye-witnesses who can tell you what they personally saw take place. You can also get documents showing what your employee did wrong.
In addition, get your employee’s version of events in a statement to help you determine if you should go ahead with disciplinary charges or not.

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Here’s how to say “you’re fired!” the legal way!


Rule 2: Follow your own policies and procedures
Never fire Paul without following all the steps in your disciplinary procedure or policy.
Beware! The courts don’t have sympathy for employers who don’t comply with their own procedures or policies.
Rule 3: Consider another penalty
Don’t fire Paul without considering if there’s another penalty that would be sufficient.

If a penalty short of dismissal will correct his unacceptable behaviour and you haven’t lost all trust and faith in him, impose the lesser penalty and give him a chance to correct his behaviour.
Now that you know about these rules, never break them.
PS: To discover other rules you shouldn’t break when you dismiss your employee, check out the Labour Law for Managers Loose Leaf Service so you can avoid landing at the CCMA.

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