Termination
If you need to terminate an employee, you'll want to do it with dignity and professionalism. Get advice and download employment termination forms.
Be consistent when dealing with employee theft
One would think that dismissing an employee for theft is always defensible at the CCMA. It is not quite that simple, though.
Being taken to the CCMA for an unfair dismissal
Procedure to dismiss an employee
Dismissal for dishonesty, think twice!
The Labour Relations Act, schedule 8: section 2(2), recognises three grounds on which a termination of employment might be legitimate.
Dismissal for refusing to sign a contract
Employers are often at a loss when an employee refuses to sign a contract of employment. Can the employee be disciplined or dismissed? What other measures are a
Dismissal related to transfer of business
What are the current employees' rights when a business has been sold as a going concern?
Exit Interview Questionnaire
To avoid complications with fired employees, use an employee termination checklist and an exit interview form attached here.
Fair and unfair dismissal
If you have the unpleasant task of firing an employee, you need to know what is considered fair and unfair according to Labour Law.
Forfeiting Severance Pay
Employees are entitled to severance pay when they are retrenched due to their employers’ operational or economic reasons.
Frequently Asked Labour Law Questions
Find the answers to the most common questions around labour legislation.
HR for SME’s – do we really need it?
Can you do your HR in-house or should you out-source?
Insubordination vs disrespect
What is insubordination and how should it be dealt with?
Labour Guide - online guide to Labour Law in South Africa
http://www.labourguide.co.za
Labour Law Handbook - tips for resolving labour issues
http://www.labourlawhandbook.co.za
Labour.co.za
Labour.co.za is a partnership of independent, highly qualified and experienced South African Labour professionals offering South African solutions to the South African Private and Public Sectors. In particular, Labour.co.za provides solutions in the following areas: labour law support and advice, human resource management, training and seminars on labour relations, employment contracts, retrenchments, Department of Labour issues, and trade unions negotiations.
Recovering debt from an employee
Sometimes people resign from a business and due to a number of different circumstances, they still owe money to their previous employer. It would be ideal to make a clean break with departing employees. Alas, it is not always so, especially when the trust relationship has been completely destroyed. Here are a few guidelines to help you with the recovery of employee debt.
Sample Non-Compete Agreement
When an employee leaves your business, protect yourself by having an ex-employee sign a non-compete agreement. Find a sample non-compete agreement here.
The CCMA - Commission for Conciliation, Mediation and Arbitration
http://www.ccma.org.za
Tread carefully when considering a character reference
Our law does not place an obligation on any employer to provide a character reference for an employee when their employment relationship has ended but likewise
What is the CCMA and what does it do?
What exactly is the CCMA, how does it operate and how can you avoid ever having to see the inside of their building?
What notice must an employee give when resigning?
What are the employee's obligations when giving notice in terms of his contract? And what can the employer do if he breaches those obligations?