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-employ others.
l the employee broke a rule of conduct in the workplace; l the rule was valid or reasonable; l the employee knew of the rule or should have known of the rule; l the employer applied the rule consistently; and l dismissal is the appropriate step to take against the employee for breaking the rule instead of less serious action like a final written warning or a suspension.
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