The 5 most important things to consider before you dismiss an employee

The Labour Relations Act 66 of 1995 requires employers to not only have a substantively fair reason to dismiss an employee, but also requires the employer to follow a fair procedure.

Remember, a person’s livelihood and future career prospects are at stake. Reasonableness and fairness must therefore be at the heart of every disciplinary process.

These are five of the most important things to consider before you dismiss an employee.

1. Do a proper investigation and know exactly what charges you wish to raise against the employee. Consult witnesses thoroughly and consider the evidence before you lay the charges. You do not want to create unnecessary conflict.
2. Make sure that the employee is made aware of what charges he/she must answer to. This usually comes in the form of a written notice which sets out the charges in clear and understandable language for the employee to easily understand.
3. Ensure that the disciplinary enquiry is chaired by someone who is impartial. This is usually a labour law specialist but it can be a manager or director in the business who is impartial and can be trusted to reach an appropriate sanction.
4. Ensure that you have considered the applicable legislation and legal precedent pertaining to the type of conduct with which the employee is charged. Labour law is always evolving and one must ensure that the outcome reached is in line with the applicable legal requirements, otherwise the employee will have a strong case to present to the CCMA.
5. Consider mitigating and aggravating factors. Often, an employee may be guilty of an offence such as insubordination, but otherwise has a clean record for many years, and has pressing issues outside of work which has caused them to act out of character at work. It may be wise in those situations to help counsel the employee rather than dismiss them.

The above can never be an exhaustive list and is simply a guideline to highlight these 5 important factors. It is advisable that you contact an attorney qualified in labour law for assistance should you have difficulties with an employee.

This article is for general information should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact an attorney for specific and detailed advice. Errors and omissions excepted (E&OE)