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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-employ others;lan employer makes the working environment impossible for the employee totolerate, which forces the employee to leave (this is known as a constructivedismissal).

l for incapacity (if an employee cannot perform duties properly owing to illness, ill health or inability); and l for operational reasons (if a company has to dismiss employees for reasons which are related to purely business needs and not because of …

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