Posts

Resignation

OVERVIEW

1.7.1. The procedure for dealing with resignation
1.7.2. The procedure to follow in case resignation is withdrawn

FORMS TO DOWNLOAD

1.1.12 Applicant rejection letter / Certificate of Service
1.1.13 Employee Personal Details Form
1.1.14 Employee Resignation Form

Desertion

OVERVIEW

1.6.1. Absenteeism versus Desertion
1.6.2. The Rule
1.6.3. The process to be followed when dismissing a deserter
1.6.4. The process to be followed when the deserter returns

FORMS TO DOWNLOAD

2.1.3 Desertion procedure
3.1 Absenteeism and Desertion Policy

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

Short term gain long term pain: Probation disguised as a fixed term contract

How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution. You merely inform the employee that the fixed-term contract has expired. However, this approach is flawed as indicated below.

It is not an uncommon practice for an employer to appoint someone for a fixed term of, say, three months, and then to make the appointment permanent if the employee has shown his or her mettle during that specific period. If the person does not meet the required performance standards or does not fit in with the business, the employer would merely inform the employee that the fixed-term contract has expired.

Mid-morning roundup of labour news on Friday, 6 March 2015

http://www.salabournews.co.za/index.php/component/content/article/70-labour-news/23374-mid-morning-roundup-of-labour-news-on-friday-6-march-2015.html In our Friday roundup, see summaries of our selection of South African labour- related stories that have appeared since mid-morning on Wednesday, 4 March 2015. VAVI’S FATECosatu gives Vavi last chance to explain himselfBDLive reports that the leaders of labour federation Cosatu on Thursday told general secretary Zwelinzima Vavi he had one more chance to explain himself […]

CCMA 2014 Commissioners Indaba opened to media Copy

The Commissioners Indaba, attended by over three hundred (300) CCMA Commissioners is an annual event on the CCMA calendar and provides an opportunity for the continuous professional development of CCMA Commissioners. The theme for this year’s Indaba is ‘The equitable workplace – a pipedream or the next wave?’ This years Indaba will be held in Durban Kwa-Zulu Natal as the Elangeni Hotel on Thursday and Friday 4th & 5th December 2014.