Labour Law and Unfair Dismissal
This area of the law seems complicated and vague and as a result employers often do not understand what is required of them in terms of the labour laws.
In fact it is almost all about procedure.
Almost all CCMA cases are over procedural failures. Now that you know, forewarned is forearmed: Get your procedures tweaked by experts.
Get a code of conduct for your business that is short, quick and easy and will create a background for all procedural issues. It is really like an action plan for emotional situations.
Whilst labour law is based on equity, meaning that the test is fairness, there is nevertheless a strict procedural code. Thankfully!
It turns out it is definitively unfair not to follow the letter of the law but not necessarily fair to follow it meticulously. This is the challenge for small business. Dot the “i” and cross the “t”.
This illusive concept of fairness is determined in the CCMA with a pro-labour bias. Although, to be fair, it is a procedural bias. You have to get the process right or it is almost always automatically unfair! Not only is it not surprising that a law will have a strong procedural bias, it is thankful, especially in an emotional area such as the termination of one’s employment.
he guidelines are fairly clear but somehow employees and employers have disputes. Employees who approach the CCMA will often walk away with penalty awards against their employers, mostly because of procedural failures.
What the law cannot deal with is that dismissing an employee is never a pleasant task. Most of us do not manage unpleasant tasks very well at the best of times. Almost all of us would prefer not to dismiss employees. No one really enjoys this task.
How to deal with dismissal
If you intend dismissing an employee give us a call or send us an email.
Clause 3. Disciplinary measures short of dismissal.