Four Dismissal Mistakes

Nov 26, 2014

Employers continue to make costly mistakes when dismissing employees. The high number of unfair dismissal cases before the CCMA is proof of this.
Employers tend to make the following four dismissal mistakes that should be avoided:
 

#1: Failing to follow your own policies and procedures

Never fire an employee without following all the steps in the disciplinary procedure or policy. The courts do not have sympathy for employers who do not comply with their own procedures or policies.
 

#2: Failing to hold a disciplinary hearing

Do not dismiss an employee without giving him a hearing and sufficient notice of the hearing. No matter how serious the misconduct, or how poor his work performance has been. Failing to hold a disciplinary enquiry will certainly land the employer up at the CCMA for a procedurally unfair dismissal.
 

#3: Not considering another penalty

Do not fire an employee without considering if there is another penalty that would be sufficient. If a penalty short of dismissal will correct the employee’s unacceptable behaviour and, and all trust and faith in him have not been lost, impose the lesser penalty and give him the chance to correct his behaviour.
 

#4: Giving a good reference

Do not give an employee who has been fired for poor performance a reference that says he was a good performer. This would mislead prospective future employers and will also be giving the employee evidence that he could use against the employer if he refers a dispute to the CCMA.
 

Disclaimer: LabourMan exclusively provides services to employers.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@labourman.co.za or 021 556 1075 to speak to one of our consultants.

Author:

Wallace Albertyn

Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants.

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