What are grounds for instant dismissal?

• Threat to your employer. ...
• Collective issues. ...
• Duty to consult. ...
• Industrial action. ...
• Your employer can't continue to employ you.

• 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)

Do I get paid after dismissal?

An employer must pay an employee who is dismissed for reasons based on the employer's operational requirements or whose contract of employment terminates or is terminated in terms of section 38 of the Insolvency Act, 1936 (Act 24 of 1936), severance pay equal to at least one week's remuneration for each completed year ...

What is a sackable Offence?

Examples of sackable offences

Aggressive or intimidating behaviour at work. ... Indecent or abusive behaviour in the workplace. Discrimination or harassment of another employee. Serious insubordination in the workplace. Serious breaches of health and safety requirements.

What are the four major grounds for dismissal?

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.

Is swearing grounds for dismissal?

While there is no general legal principle that the use of swearing by employees is an act of gross misconduct that would justify instant dismissal, there are certain circumstances where the use of foul and abusive language in the workplace could lead to legal action.

What are the 3 reasons for dismissing an employee?

How do you instantly dismiss an employee?

What are examples of gross misconduct?

What is a fair procedure for dismissal?

In order for the dismissal to be regarded as fair: the employee must have contravened a workplace rule; such rule must be lawful and reasonable; the employee must have knowledge of the rule; ... the dismissal must be considered an appropriate sanction.

What are examples of misconduct at work?

Can you get a warning for gross misconduct?

In all but the most extreme cases of misconduct – termed gross misconduct – an employee is unlikely to be subject to dismissal for a first offence at work. Instead, they will be entitled to receive one or more warnings prior to termination of employment.

How many warnings before you get sacked?

Typically, you might give an employee one verbal warning and two written warnings before dismissal. Verbal warnings will often be removed from an employee's disciplinary record after six months and written warnings after 12 months (if there are no further disciplinary offences).

Can you sack an employee within 2 years?

By law, you can usually dismiss an employee with less than two years of service without the need to demonstrate a fair reason for the dismissal and without the need to go through a fair disciplinary or dismissal procedure.

What are automatically unfair grounds for dismissal?

Automatically unfair reasons for dismissal

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. acting as an occupational pension scheme trustee.

What makes a dismissal unfair?

In its simplest form, unfair dismissal is when your employment contract is terminated and your employer did not have fair reason to do so. It can also be claimed if your employer did have fair reason but handled your dismissal using the wrong procedure. You are protected by law against both these eventualities.

What are the five types of dismissal?

Can employer dismiss an employee What are the grounds?

An employer may dismiss an employee on the following just causes: a) serious misconduct; ... e) commission of a crime or offense against the employer, his family or representative; f) other similar causes.

Is verbal abuse gross misconduct?

Examples of gross misconduct include: 1 Acts of discrimination, harassment or verbal abuse against employees, clients or members of the public on the grounds of race, colour, creed, ethnic or national origin, disability age, gender, sexuality or marital status.

What are the types of misconduct?

Violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which there is reason to believe that such conduct will cause or provoke a disturbance.

Can a dismissal be overturned?

According to s193(2) of the LRA, if it is found that an employee was found to have been (substantively) unfairly dismissed, the Labour Court (LC) or the arbitrator, must make an order that the employee be reinstated, unless: ... It is not reasonably practicable for the employer to reinstate the employee; or.

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)