Under South African labour law, the onus is on the employer to ensure that a dismissal is fair and just, from both a procedural and a substantive point of view.
This means that a full investigation must take place and the employee must be notified about the process during the disciplinary hearing. It’s also critical for the employer to ensure that the employee understands the communication issued to them about the allegations. The employee must also be afforded the right to an appeal process.
Without these aspects in place, the employer is at risk. The employee has the right to challenge the dismissal, at the CCMA and it could escalate to the Labour Court.
Dismissals can be tricky. Contact CRS to help you ensure you follow the correct process, ethically and legally.