procedure

It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]

2023-01-12T13:54:11+02:00January 12th, 2023|Dismissal|Comments Off on It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

The Employer did not follow any procedure prior to the dismissal

The Guidelines on Misconduct proceedings, as published by the CCMA, set out the basic guidelines that employers must follow prior to dismissing an employee for misconduct. It states that where a workplace disciplinary procedure exists, a commissioner must have regard for that disciplinary procedure's existence and legal status. If there is no workplace procedure, the [...]

2022-12-06T13:21:21+02:00December 6th, 2022|Dismissal|Comments Off on The Employer did not follow any procedure prior to the dismissal
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