ENSURE YOU HAVE A GRIEVANCE, MISCONDUCT AND INCAPACITY POLICY IN PLACE.
1. Follow the correct procedure
See Schedule 8 of the Labour Relations Act, 66 of 1995.
2. Misconduct
Misconduct is one of the grounds that may give rise to an employee’s dismissal, namely:
• Reporting late for duty
• Gross dishonesty
• Insubordination
NB. Ordinarily, it’s not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such import that it makes a continued employment relationship intolerable.
3. Notice to employee to attend a disciplinary hearing
The notice in writing must record:
• detailed description of the charges against the employee, including date, time and description of the incident(s)
• date of the hearing.
4. Opportunity to prepare
Give the employee at least 48 hours to prepare for the hearing (as a matter of caution we give 5 days).
5. Fair hearing
The hearing is conducted by an independent external chairperson (not employed by the employer), both parties given an opportunity to present their case – facts and evidence.
Ordinarily no legal representation
6. Decision
After the hearing, the chairperson provides a decision – whether a dismissal is appropriate. If you decide to dismiss – inform the employee in writing and provide full reasons for the dismissal.
