Transcription of Chapter 9 Dismissals - Western Cape
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Chapter 9 Dismissals - Western Cape
Chapter 9 DismissalsAn employer can dismiss employees for reasons ofmisconduct or incapacity. An employer can alsodismiss employees for business-related reasons. Afair procedure must always be followed even incircumstances where there is a good reasonfor the YOUR LRAWhat is a dismissal ?Under the Act an employee is regarded as dismissed when:lan employer ends a contract of employment with or without notice to theemployee;lan employee has a reasonable expectation that the employer will renew afixed-term contract on the same or similar terms but the employer offers torenew it on less favourable terms, or does not renew it;lan employer refuses to allow an employee to return to work after maternityleave;lan employer selectively re-employs some employees after dismissal for thesame or similar reasons but fails to re.
incapacity. The principles of a fair dismissal for operational reasons are contained in the Act itself and in a code of good practice on dismissals based on operational requirements, issued by NEDLAC. If there is a collective agreement on disciplinary procedures, the employer must comply with the procedures in the agreement. Dismissal for ...
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