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
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
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
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
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
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
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.
A chairperson in a disciplinary hearing finds an employee not guilty of a serious transgression while senior management believes the person should have been found guilty. Or the employee is found guilty but, contrary to what the employer expects, is given a sanction short of dismissal. May management interfere and, for example, conduct a fresh hearing before another chairperson? May a sanction less severe than dismissal be increased and, if so, must a further hearing be held before this can happen?
A number of myths exist regarding medical certificates, e.g. that employers cannot address employees regarding their absenteeism due to medical reasons until the employees have exhausted their sick leave in a particular cycle that
employees can stay away from work for up to two days, often linked to weekends or public holidays, without being ill, or that medical certificates cannot be questioned..
Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?
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