Dismissal is sometimes a poorly understood concept. Dismissal does not consist only of negative connotations – in fact dismissal is not a “punishment” but a normal operational activity essential to the achievement of business objectives.

What is common cause, however, is that the dismissal of employees always constitutes a high-risk area for employers, and sloppy management and incorrect dismissal procedures almost always lead to costly legal proceedings, reinstatements and settlements. What adds insult to injury is that, in most cases, the employer has had more than enough reason to dismiss under the circumstances.

This book explains that the “perfect dismissal” is not normally of a highly technical and complex nature and that the KISS principle applies to most dismissals, i.e. “keep it simple and straightforward”. The book also dispels some of the myths surrounding dismissal and will show you that it is relatively easy to comply with the requirements of law in order to ensure the fairness of a dismissal.

Contents include:

Dismissal: Getting the big picture

Getting it started: Planning, organising and establishing the rules

Getting it perfect:

  1. Conduct and capacity
  2. Substantive and procedural fairness
  3. Evidence and the balance of probability
  4. Misconduct
  5. Incapacity
  6. Poor work performance
  7. Retrenchment
  8. Special dismissals

Code of good practice:

  1. Dismissal
  2. Sexual harassment
  3. Operational requirements

Jan Nel has extensive experience of Labour Relations and Labour Law, in which he has been specialising over the last 30 years, Jan Kemp Nel (BA, LLB (UP) and DipLR (Unisa)) has developed and introduced procedures and systems designed for optimal quality in Labour Relations in all areas of industry, commerce, public service and agriculture. In particular, he advocates and practises a preventative philosophy in respect of Labour Relations, recognising that conflict is inherent and should be dealt with by proactive methods.