The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules , harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.
What are the 3 reasons for dismissing an employee?
Fair reasons for dismissal
(2) This Act recognises three grounds on which a termination of employment might be legitimate. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer’s business.
What are reasons for dismissal?
- Misconduct. Misconduct is the most common justification for dismissal in South Africa, but there is no definition for it in statutory of business law. ...
- Inability to work. Inability to work can be divided in two categories: ...
- Dismissal due to operational requirements.
On what grounds can an employer dismiss an employee?
The statutory fair reasons for dismissing an employee include: capability; conduct; redundancy; breach of a statutory restriction ; or some other substantial reason (SOSR). SOSR is a ‘catch-all’ provision that can permit an employer to fairly dismiss an employee where no other potentially fair reason applies.
What are the 5 fair reasons for dismissal?
- Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. ...
- Capability/Performance. ...
- Redundancy. ...
- Statutory illegality or breach of a statutory restriction. ...
- Some Other Substantial Reason (SOSR)
Can I be sacked without a warning?
An employer can dismiss an employee without giving notice if it’s because of gross misconduct (when an employee has done something that’s very serious or has very serious effects). The employer must have followed a fair procedure. When an employee is dismissed for gross misconduct, they: leave immediately.
What is an example of unfair dismissal?
incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)
What are Sackable Offences?
Examples of sackable offences
Physical violence or threats of violence at work . Aggressive or intimidating behaviour at work . Dangerous horseplay in the workplace . Indecent or abusive behaviour in the workplace. ... Intoxication in the workplace through alcohol or drugs.
When should you get rid of an employee?
- They Lack Problem-Solving Skills. ...
- You Dread Interaction. ...
- You Can’t Trust Them. ...
- They’re Complacent. ...
- Their Ego Doesn’t Match Output. ...
- They Think They’re Entitled. ...
- They Create a Negative Environment. ...
- They Fail Repeatedly.
What should you do in case of unfair dismissal?
If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures . If this does not work, then you may be able to make an appeal to an Industrial Tribunal.
What happens if I get dismissed from work?
Finding a new job as quickly as possible is often the best way to move on after being sacked. If your dismissal was genuinely unfair, you might be able to take your employer to an employment tribunal. Check if your dismissal was unfair.
What is an automatically unfair reason for dismissal?
Automatically unfair reasons for dismissal
pregnancy, including all reasons relating to maternity . family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants. acting as an employee representative. acting as a trade union representative.
Can an employer get rid of you for no reason?
The legal term for being sacked is ‘dismissal’. Your employer is allowed to dismiss people , but if they do it unfairly you can challenge your dismissal. To find out if your dismissal is unfair, you’ll need to check: ... whether the law says the reason for your dismissal is unfair.
How much notice do you have to give an employee when terminating?
If your contract of employment does not specify how much notice to give, you must give the legal minimum amount of notice, which is one week . The legal (or ‘statutory’) minimum notice is set out in Section 6 of the Minimum Notice and Terms of Employment Act 1973.
Can I be fired for no reason?
Unfortunately, getting fired without a reason can happen to just about anyone . In many cases, unless there is a contract or bargaining agreement, employees are considered covered under employment at will, which means your employer doesn’t need a reason to fire you.
Is it better to resign before being dismissed?
Can I resign before or during a disciplinary process? Yes, you can . In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.
