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dismissal for misconduct pdf

Employers should have a Disciplinary Code. This termination will be effective on March 10, 2015. This decision of dismissal is based on the following reason. A model staff disciplinary and dismissal procedure for maintained schools is included in Annex D along with a suggested timeframe for the lesser and gross misconduct processes in sections 6 and 7. Last 21 st January 2015 we got a complaint against you for misconduct from one of our valuable customer. DISMISSAL LETTER Dear (Name): RE: Termination of Employment I regret to inform you that your employment with XYZ Company will be terminated effective _____ for the following reason(s): multiple unexcused absences from work. for dismissal is a fair reason or whether or not the dismissal was effected in accordance with a fair procedure, must take into account any relevant code of good practice issued in terms 1 Labour Relations Act 66 of 1995 Schedule 8 2(2). Termination by an employee because the employer made continued employment intolerable. 2 66 of 1995. Letter of Employee Dismissal for Gross Misconduct is a simple and precise letter which includes the reason for termination. Dismissal for operational requirements and, to a lesser extent incapacity, is classified as ‘no fault’ dismissals. Dismissal letter for gross misconduct is a formal way of communicating the termination to the employee for his termination. Termination of employment as defined by section 36 Employment Labour Relations Act No. 3 The NBCCI has issued these guidelines to promote consistent decision-making in arbitrations dealing with dismissals for misconduct. grounds justifying the dismissal of an employee. DISMISSAL FOR ALLEGED MISCONDUCT This checklist has been prepared having regard to the CCMA Arbitration Guidelines, the Code of Good Practice: Dismissal and relevant case law Go to for an updated version of this document plus many more aids v55 NB: The law does NOT require that each and Your severance package will be administered according to company policy, and you will There are various dismissal letter for gross misconduct templates available to use. Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice.. and conduct (including dismissal) of the staff for whom they are responsible and must ensure compliance with their agreed disciplinary procedures. | The free employee termination letter for gross misconduct is a superbly written employee termination letter template which can be used to terminate the contract of employees for misconduct during office hours. This official letter issued for confirmation of your termination from Regal Solution for your misconduct. The Commission for Conciliation, Mediation and Arbitration (CCMA) commissioner had to determine whether or not a misconduct dismissal was fair. 6 of 2004 and Rule (ELRA) may mean; A lawful termination under the Common law. Download article in PDF. A dismissal for misconduct, however, is based on the employees fault i.e. In determining whether a dismissal based on misconduct is fair, all the facts surrounding the misconduct must be considered. 3 Mischke “Misconduct or operational requirements.... the plot thickens” 2011. WHAT IS THE TERMINATION OF EMPLOYMENT? intentional or negligent non-compliance to company rules or standards. LABOUR LAW: UNFAIR DISMISSAL/UNFAIR TERMINATION OF EMPLOYMENT By: Frank Mwalongo, Advocate Apex Attorneys Advocates (Presented on 13/04/2012 at Tanga Mkonge Hotel-CLE Seminar organized by the Tanganyika Law Society and also presented on 25/05/2012 at 2.3 assess the procedural fairness of a dismissal; 2.4 assess the substantive fairness of a dismissal; and 2.5 determine the remedy for an unfair dismissal.

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