Managing any kind of termination remains management’s single biggest employment headache. Last year there were 186 000 referrals to the Commission for Conciliation, Mediation and Arbitration (CCMA), the vast majority of which were for dismissals.  Every company has to deal with these issues on a regular basis and the risk of an expensive and adverse outcome can be avoided.  We will give you all the skills and know-how you need, presented in a hands-on, practical manner, to allow you to do better job and avoid expensive awards against your company. This is a masterclass not to be missed.  Just look at the questions that will be covered, and you are bound to find issues to which you will need to find answers.  As a special extra, we are also covering retrenchment and the operational requirements.

The Questions we will answer for you

The basics:

  1. How do I match procedure to reason?
  2. What is a ‘soft’ dismissal?
  3. Should I be afraid of constructive dismissals?
  4. What is the fail-safe formula for drafting charges?
  5. What is a mutually agreed separation and how do I do this safely?
  6. Why is understanding the common law duties of the employee so vital?
  7. What is meant by a ‘no fault’ dismissal?
  8. What is the difference between misconduct and poor performance?
  9. What does the Labour Relations Act (LRA) say about dismissal for misconduct?

Misconduct

  1. Why is it so important to relate the offence to the common law duties of the employee?
  2. What can I do about the ‘it’s not in my job description’ argument?
  3. Can I dismiss an employee for refusing to take a lie detector test?
  4. What is an ‘end of the line letter’ and how do I use it?
  5. What is the effect of the most recent case on suspension with pay?

Incapacity

  1. Why must I distinguish between illness and poor performance?
  2. What are the requirements to prove incapacity?
  3. When do I not have to give time to improve and provide training?
  4. When is it safe to fire for absenteeism?
  5. Can I dismiss an employee who has exhausted their sick leave but is still absent?
  6. How do I manage the employee suffering from depression?
  7. Can I demote poor performers and decrease their salary if they have been over-promoted?
  8. How does probation work in the light of the new law around fixed term contracts?

Retrenchment

  1. What are the Economic, Technological, Structural or Similar (ETSOS) reasons and how does retrenchment differ from all other terminations?
  2. What is the safe format for a s189 letter?
  3. What is the quickest time in which I can affect a safe retrenchment?
  4. Do I have to disclose financial information in consultation?
  5. Can I make employees re-apply for their jobs and select the best?
  6. When do I not have to use Last In, First Out (LIFO)?
  7. Can I use absenteeism, timekeeping and disciplinary record as grounds for selection for retrenchment?
  8. Do I have to involve a union with members in consultations, even if I don’t have a recognition agreement with them?
  9. How do I deal with attempts to delay the retrenchment by unions, employees and/or their lawyers and consultants?

The last farewell

  1. What is the checklist for a safe termination for all three categories?
  2. What are the new LRA rules for calculating the date of dismissal?
  3. When does final payment need to be made?