BizArmour Engagement

Letting Go

Is there any good way to let go of an employee?

In every company there comes a time that you may need to let an employee go.

This is never an easy decision and must be done lawfully.

Here are our top tips on how to handle this predicament.

*Please review our procedural content for information on the lawful options and associated processes.

Retrenchments

General notes

  1. Firstly, there is a lawful and unlawful way. The first step in letting go of an employee is to ensure you have the law on your side and you do it in a lawful manner. This will also give the employee some peace of mind when the process is that of a fair and lawful one.
  2. Use a third party to do the disciplinary process. This will ensure a fair process and separate personal relationships and issues from business.
  3. Settlement. Settlement. Settlement. Coming to a mutual agreement is always first prize. Ensure when entering into a mutual agreement that it is a lawful and binding contract containing all the terms, so it does not end up in he-said she-said.

NB: The Labour Relations Act (“LRA”) requires specific processes to be followed.
Please review our procedural content in this regard.

DO'S

Letting go do's
1
Treat them well so remaining employees know you treat the process with compassion.
2
Give feedback along the way so the firing is never a surprise.
3
Involve HR
4
Document everything
5
Ensure the Employee understands the decision is final
6
Have an exit interview policy to ensure all employees are treated equally
7
Pay everything owed to the employee immediately so that there are no outstanding issues between the parties
8
Remember to remove the employee from your administrative and security networks i.e email accounts access etc.
9
End the process on a positive note

DON'TS

1
Convey the decision over text or email
2
Rush the process
3
Hide the situation and/or be secretive around other employees
4
Withhold reasons for the dismissal
5
Have the process and termination in the presence of other employees
6
Dismiss the employees’ concerns
7
Make it a personal matter
8
Withhold payment such as leave that is due to them
Letting go don'ts

Why do you need help with this process?

When letting go of an employee, whether it is due to misconduct, poor performance or incapacity, or the operational requirements of the company, it is imperative to seek legal advice to limit or eliminate your risk.

By not seeking advice you open yourself to the following risks:

  • Employee making an application at the CCMA;
  • Having to spend company time & money fighting/defending yourself at the CCMA;
  • Expensive appeal procedures at the Labour Court;
  • Other employees following suit;
  • Having to rehire the employee;
  • Judgement against the employer and the employer having to make large payments;
  • The employer’s reputation being damaged.

How can we help Employers?

  • We assist with the risk management process (including investigating alternatives and looking at the business holistically).
  • We assist with the entire process from beginning to end. This includes investigations and the disciplinary process.
  • We also assist with settlement negotiations where appropriate.

Contact us at info@bizarmour.co.za

010 140 6251

Disclaimer
The information shared on this article/blog/vlog should be read and understood within the current legal framework of South Africa. It is meant purely for educational discussion and does not amount to legal advice. For specific legal advice, please consult a legal practitioner prior to application.

Posted in Labour Relations.