The dismissal : a practical and informative toolkit to ensure a fair and effective dismissal / by Jan Kemp Nel.

Format:

Book

Author/Creator:

Nel, Jan Kemp, author.

Language:

English

Subjects (All):

Employees--Dismissal of.

Employees.

Employees--Dismissal of--Law and legislation.

Physical Description:

1 online resource (213 pages)

Edition:

1st ed.

Place of Publication:

Randburg, Republic of South Africa : Knowres Publishing, 2014.

Language Note:

English

Contents:

Cover

Copyright Page

Table of Contents

About the Author

Introduction and How to Use this Book

Management Styles in Maintaining Authority and Control

Manager's Use of Authority

CHAPTER 1 DISMISSAL : GETTING THE BIG PICTURE

The Contract of Employment

The Problems of Dismissal

The Employer's Two-Fold Dismissal Obligations

CHAPTER 2 GETTING IT STARTED

Planning, Organising and The Establishment of Rules

Introduction

Workplace Communications

Legal Communication Requirements

CHAPTER 3 GETTING IT STARTED

Conduct and Capacity

Conduct vis-à-vis Capacity

CHAPTER 4 GETTING IT PERFEC T

Substantive and Procedural Fairness Introduction

Substantive and Procedural Fairness

Compliance with Procedural Fairness

Formulating the Complaint

Dispensing with an enquiry

Compliance with Substantive Fairness

Management Checklist for Compliance with Items 4 (Fair Procedure) and 7 (Dismissal Guidelines) of The Code of Good Practice: Dismissal (Schedule 8 of The LRA)

CHAPTER 5 GETTING IT PERFEC T

EVIDENCE AND THE BALANCE OF PROBABILITY

Prior to the Disciplinary Hearing

The Balance of Probability

Forms of Evidence

Notes on Forms of Evidence

CHAPTER 6 GETTING IT PERFECT

MISCONDUC T

Section 1: Disciplinary and Dismissal Process

Section 2: The Participants of The Disciplinary Hearing

Section 4: Specific Acts of Misconduct

CHAPTER 7 GETTING IT PERFEC T

INCAPAC ITY

Section 1: Incapacity: Potential

Section 2: Incapacity and the Code of Good Practice: Dismissal

Counselling Guidelines for Interviews

Section 3: Incapacity Dismissal Flowchart

CHAPTER 8 GETTING IT PERFEC T

POOR WORK PERFOR MANCE

Counselling

Poor Performance: Assessment of Problem.

Procedure for Dismissal in The Event of Poor Work Performance

CHAPTER 9 GETTING IT PERFEC T

RETRENCHMENT

Retrenchment Procedures

Retrenchment Pay

Flowchart Section 189 Retrenchment Dismissal

CHAPTER 10 GETTING IT PERFEC T

SPEC IAL DISMISSALS

GETTING IT PERFEC T SPEC IAL DISMISSALS

Incompatibility

The Breach in the Trust Relationship

Constructive Dismissal

Participation in an Unprocedural, "Wild Cat" Strike Action

Negligence

Off-duty Conduct/Off-premises Conduct

Dismissal at the Behest of Third Parties

AWOP, Desertion and Abscondment - The Differences

Dismissal as a Result of Statutory Disqualification

Disability

TOOLKIT FORMS AND LETTERS

CHAPTER 11 TOOLKIT CONTENTS

POLICIES AND PROCEDURES 1: Sample Company Code: Employee Conduct and Performance

POLICIES AND PROCEDURES 2: Sample Disciplinary Code and Procedure

POLICIES AND PROCEDURES 3: Sample Incapacity Policy and Procedures

POLICIES AND PROCEDURES 4: Company Policy and Procedure i.r.o. Absenteeism (AWOP)

POLICIES AND PROCEDURES 5: AWOP Disciplinary Code and Guideline

POLICIES AND PROCEDURES 6: Generic Guideline of Disciplinary Offences and Sanctions

FORMS AND LETTERS 1: Disciplinary Procedure Written Warning - Disciplinary Form

FORMS AND LETTERS 2: Notice of Poor Work Performance/Capacity Hearing

FORMS AND LETTERS 3: Poor Work Performance/ Conduct - Written Warning Form

FORMS AND LETTERS 4: Poor Performance Evaluation/ Assessment of The Problem

FORMS AND LETTERS 5: Ill Health/Incapacity Assessment of the Problem

FORMS AND LETTERS 6: Capacity/Work Performance Counselling Interview Form

FORMS AND LETTERS 7: Notification to Attend a Disciplinary Hearing

FORMS AND LETTERS 8: Chairperson's Guide to a Disciplinary Hearing.

FORMS AND LETTERS 9: Management Checklist for Compliance with Paragraphs 4 (Fair Procedure) and 7 (Dismissal Guidelines) of The Code Of Good Practice : Dismissal (Schedule 8 of The LRA)

FORMS AND LETTERS 10: Investigation Report Structure

FORMS AND LETTERS 11: Suspected Intoxication Report

FORMS AND LETTERS 12: Evaluation of Trust Relationship/ Dismissal Termination Test

FORMS AND LETTERS 13: Disciplinary Hearing/Minute and Guide Form

FORMS AND LETTERS 14: Dismissal Letter - Misconduct

FORMS AND LETTERS 15: Dismissal Letter - Incapacity

FORMS AND LETTERS 16: Letter of Dismissal - Retrenchment

FORMS AND LETTERS 17: Acknowledgement of Induction Form

CHAPTER 12 CODES TO THE LABOUR RELATIONS AC T

Schedule 8 Code of Good Practice: Dismissal

GLOSSAR Y OF TERMS

APPENDIX 1: ORIGIN AND CYCLE OF HR/IR POLICIES AND PROCEDURES

APPENDIX 2: ROLE OF THE LAW IN THE EMPLO YMENT RELATIONSHIP

APPENDIX 3: TERMS OF CONTRACT OF EMPLOYMENT

APPENDIX 4: EMPLOYMENT AND WORKPLACE RIGHTS AND OBLIGATIONS

APPENDIX 5: PROBLEM EMPLOYEES UNACCEPTABLE, POOR PERFORMANCE

APPENDIX 6

GUIDELINE OF DISCIPLINARY OFFENCES AND SANCTIONS

APPENDIX 7: RULES AND REGULATIONS APPLICABLE TO ALL EMPLOYEES

APPENDIX 8

COUNSELLING GUIDELINES

BIBLIOGRAPHY

Index.

Notes:

"Street wise labour law."

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed August 4, 2015).

ISBN:

1-86922-483-3

OCLC:

880408455