Wrongful dismissal is when your employer breaches your contract in dismissing you or forcing you to leave. For example, they could dismiss you without notice or without following their disciplinary and dismissal process. A dismissal can be both wrongful and unfair.
What is a valid reason for dismissal?
WHAT IS A VALID REASON? A dismissal will be seen to be harsh, unjust or unreasonable if there is no valid reason for the dismissal. A valid reason for dismissal may relate to an employee’s conduct, capacity or performance. The reason must be sound and well founded, not fickle, fanciful or prejudiced.
How is the penalty of dismissal applied in South Africa?
(6) The employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as between two or more employees who participate in the misconduct under consideration. 4. Fair procedure
What is the procedure for dismissal for misconduct?
· Procedurally fair – the dismissal must be effected in a procedurally fair manner. This means that an employer may not just give notice in accordance with the contract of employment or in terms of governing legislation. An employer must also ensure that dismissals for misconduct are for a valid reason after a fair procedure has been followed.
When do you have to pay a disciplinary penalty?
Any penalty should be confirmed in writing, and the procedure and time limits for appeal set out clearly. Employees should only be dismissed if, despite warnings, conduct or performance does not improve to the required level within the specified time period. Dismissal must be reasonable in all the circumstances of the case.
What are the procedural steps for dismissing an employee?
Before looking at the procedural steps you need to take to ensure fair procedures you might want to read some more about what are considered, in law, to be fair grounds for dismissal: