- Introduction
- 1. Procedures
- 2. Reasons
- 3. Fair
- 4. Warning
- 5. Meeting
- 6. Contract
- 7. Dismissals
- 8. Absenteeism
- 9. Abandonement
- 10. Criminal
- 11. Instant
- 12. Suspending
- 13. Trial Period
- 14. Fixed Term
- 15. Constructive
- 16. Illness / Injury
- 17. Incompatibility
- 18. Redundancy
- 19. Resignation
- 20. Disciplinary
- 21. Conflicts
- 22. Principles
- Summary
Fair procedure
The question of what a fair procedure is differs in each case. The courts have given guidelines to what they consider is procedurally fair. The minimum requirements are:
- The employee is told exactly what the shortcomings are.
- The employee is given adequate warnings that the shortcomings must not continue and that dismissal will be considered if they do continue. Verbal and written warnings should be given.
- The employee is to be given adequate opportunity to correct the shortcomings mentioned.
- The employer is to provide adequate training where incompetence is suggested.
- The employee is given a fair hearing when the misconduct or incompetence continues.
- Employees are given the right to representation and time to arrange such representation as disciplinary meetings.
- The employee is heard by an impartial person.
- The employee is given the opportunity to respond and question statements and questions.
- The employee is given assistance and sufficient time to correct the shortcomings complained of, whether they are influenced by domestic or work related pressures.
- The right of appeal.
