You CAN fire that problem employee!
In only 30 minutes, you can gain the knowledge and power you need to legally dismiss problem employees without being taken to the CCMA.
THANK YOU FOR YOUR RESPONSE.
I JUST WANTED TO CLEAR UP THAT IF WE HAVE TO VACATE THE PREMISES AT THE END OF THE MONTH IE +- 3 WEEKS TIME - THE BUSINESS IS CLOSING DOWN IE CANT PAY RENT - HAPPY TO PAY A SEVERENCE PACKAGE PLUS LEAVE PAY AND DAYS WORKED TO END OF THE MONTH.
WOULD AN EMPLOYEE STILL BE ABLE TO GO TO THE CCMA AND CLAIM UNFAIR DISMISSAL.
BY CLOSING THE BUSINESS AND NOT TRADING ANYMORE IS THAT NOT SUFFICIENT TO EXPLAIN TO 3 WORKERS THE BUSINESS IS CLOSING - THERE ARE NO "ALTERNATIVES " WE HAVE BEEN EVICTED..
BASICALLY COMPANY IS BANKRUPT.
IE WHAT IM ASKING WOULD IT BE FAIR TO PAY ONE WEEKS WAGES PER YEAR WORKED , ANY OUTSTANDING LEAVE PAY , ANY DAYS WORKED TILL THE COMPANY CLOSES DOWN. IE END OF THE MONTH.
User Abcorlaw answered to question to 16 May. 2013
Like I said, the process of retrenchment is clearly dictated in the LRA Section 189, further, yes your reasons are good enough provided you follow Section 189. Yes, they can still proceed with a CCMA matter.
On the second case: eviction, if they remain on the premises and refuse to move out the owner of the building must follow the eviction process (PIE).
B.Iuris, LLB, LLM (Labour Law), PhD – ILO, N/Dip. HRM & Training
Labour Relations and Litigation Practitioner
Human Resource, Industrial Relations, Recruitment and Training Advisory
Mobile: 072 313 8344
Fax no: 086 537 8007