The myth of summarily dismissed
The majority of cases referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) relate to unfair dismissal, most of which concern misconduct that led to the dismissal.
Applying workplace discipline
Follow the correct procedure
Before dismissal for misconduct can take place, the following must be taken into account:
- Has a rule been broken and is the rule related to the workplace?
- Is this a valid rule?
- Was the employee aware of the rule or can it reasonably be expected that the employee was aware of the rule?
- Is this rule applied consistently?
- Was dismissal the appropriate sanction for the offence? Employers must act proactively and ensure that employment contracts, the disciplinary code, procedures and policies are in place, and that this documentation complies with applicable legislation.
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