Of all disputes reported to the CCMA by far the majority are for Unfair Dismissals. Read more about that HERE.
Others disputes include: unfair discrimination, unilateral changes to terms and conditions of employment, refusing to bargain, not following the correct procedures with disputes and others.
Protection Against Wrongful Termination
Business owners and managers need to protect themselves from being dragged into and losing at the CCMA as a result of unfair dismissals. It can cause you tremendous frustration and anger which can be prevented.
A very good way of doing this is to make sure that your business has the basic systems in place. It means putting in place the rules and guidelines in the form of Policies and Procedures. They are the basic requirements of any business, no matter what size it is. And they spell out how and what a business should do when various circumstances like misconduct arise.
HR Policies and Procedures
Basic HR policies and procedures lay out the steps and guidelines that you need to follow when problems arise with employees. Especially where misconduct is concerned and where unfair dismissals may arise.
A simple example of this is when an employee doesn’t do what he or she is meant to do. This can be a case of gross negligence! And the result is that it usually ends up costing the business a great deal of money. If there’s a Disciplinary Code in place with Disciplinary Policies and Procedures you can easily and fairly dismiss the employee by following these policies and procedures. Without the fear of losing an unfair dismissal case at the CCMA.
Another example may be when an employee suddenly wants to take some extended annual leave. The employee is a key staff member, but the business can’t afford to have someone off for so long. The trouble is that other employees will want to do the same. As a business owner or manager you may be uncertain how to deal with this problem.
The answer: Put a Leave Policy in place. It will mean that all employees know the rules about taking leave. And everyone will be treated equally and fairly when they wish to apply for and take leave. The same as a disciplinary policy does for misconduct and thus helping you avoid unfair dismissals.
Avoiding Losing Unfair Dismissal Cases
Putting policies and procedures will also mean that you will not have to make painful or difficult decisions very often. Because the rules and guidelines are there to assist you with this process. It’ll make your life a whole lot easier! And you’ll avoid unfair dismissals.
I’ve found that those businesses that don’t have basic policies and procedures in place are usually the ones that make up the statistic of losing unfair dismissal cases at the CCMA. It’s worth the effort to put them in place, rather than having to ‘cough up’ at CCMA.
If you join the Achievers Club you’ll get access to all the basic HR Policies and Procedures you’ll need in your business as well as guidelines on how to implement them. Learn this and more here >>
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