Posts

Retrenchment: more than 50 employees

OVERVIEW

1.5.1. Appointment of a facilitator
1.5.2. Sixty days allowed for consultation/facilitation
1.5.3. The consultation process
1.5.4. After the 60 days

FORMS TO DOWNLOAD

1.1.11 Notice of intention to retrench
1.4.6 Retrenchment advice

Retrenchment: less than 50 employees

OVERVIEW

1.4.1. What is meant by retrenchment?
1.4.2. Under what circumstances can employees be retrenched?
1.4.3. Duty to consult
1.4.4. What selection criteria should be used?
1.4.5. How can retrenchments be avoided or minimized?
1.4.6. Timing of the dismissals
1.4.7. Mitigating the adverse effects of retrenchment
1.4.8. Severance pay

FORMS TO DOWNLOAD

1.4.6 Retrenchment advice - Example of letter terminating services

Dismissal based on ill health or injury (medical incapacity)

OVERVIEW

1.3.1. What are the signs of medical incapacity?
1.3.2. The procedure to follow in case of medical incapacity
1.3.3. Considerations of fairness
1.3.4. Guidelines in case of dismissal arising from ill health or injury
1.3.5. Confidentiality

FORMS TO DOWNLOAD

1.1.26 Investigation into incapacity due to ill health

Dismissal based on misconduct

OVERVIEW

1.2.1. Principles
1.2.2. Procedural and Substantive Requirements
1.2.3. The Disciplinary Hearing
1.2.4. Principles that will apply to Disciplinary Hearings
1.2.5. Proof on a balance of probabilities
1.2.6. Record keeping and administration after the hearing

FORMS TO DOWNLOAD

1.1.27 Disciplinary appeal form
1.1.28 Disciplinary report
1.1.29 Notice forms
1.1.30 Lodgement of a grievance

Dismissal based on poor work performance

OVERVIEW

1.1.1 - Clarifying poor work performance
1.1.2 - Unable or unwilling to meet performance standards
1.1.3 - Procedure for dealing with poor work performance
1.1.4 - Considerations for dismissal for poor performance
1.1.5 - Parties involved
1.1.6 - Probationers and poor work performance

FORMS TO DOWNLOAD

1.1.11. Notice of intention to retrench
1.1.22 Performance Management Cycle and Forms
1.1.23 - Notice to attend a poor work performance counseling session
1.1.24 - Disciplinary finding for work performance
1.1.25 - Official record of poor work performance inquiry
1.2.4 - Dismissal for poor work performance : employees other than probationary employees
1.2.5 - Poor work performance counselling session
1.2.6 - Poor work performance hearing
1.2.7 - Checklist for dismissal for operational requirements
1.2.8 - Checklist for dismissals
1.3.2 - Notice of dismissal
2.1.6 - Poor work performance hearing

Labour Law

1.1.5.1. Amended Act - Occupational Health and Safety No 85 of 1993
1.1.5.2. Amended Act - Employment Equity 2014
1.1.5.3. Act - Employment Services 2014
1.1.5.4. Act - Basic Conditions of Employment
1.1.5.5. Act - Compensation for Occupational Injuries and Diseases

Checklists

1.2.1 Employee orientation checklist
1.2.2 Notification to attend an incapacity investigation
1.2.3 Employee take-on --- termination checklist
1.2.4 Dismissal for poor work performance - employees other than probationary employees
1.2.5 Poor work performance counselling session

Examples

1.4.1 Example of an employment contract
1.4.2 Fixed term contract of employment
1.4.3 Letter of appointment of an independent contractor
1.4.6 Retrenchment advice - example of letter terminating services
1.4.7.a Agreement entered into between re overtime - employees