Unfair Dismissal

  • Dismissal

    An employer cannot just dismiss you without a fair and impartial disciplinary hearing.

    Last week; we received the following email inquiry.

    “I was recently fired as a manager of a retail clothing company. The company held me responsible for a certain stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any prior verbal warnings, written warnings or even a disciplinary hearing.  Surely, I should at least have been given a fair opportunity to give the company my side of the story and to and show them that I was not negligent in any way in the execution of my duties and that I was in fact innocent. Please advise.”

    You are absolutely correct.

  • Retrenchment

    In this day and age and in the light of very difficult economic realities in the RSA, a lot of employees have to be aware that companies are struggling financially.

    Even large blue chip companies are being effected and have to constantly plan ahead in order to retain a competitive edge over their competition.
    Just this last week, Standard Bank has announced that it intends to close 91 branches and that this will affect about 1200 employees. A short while ago,

    Absa announced a restructuring plan which will result in the possible retrenchment of about 800 employees.
    I was recently asked to do a piece on retrenchment. 

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