Holistic approach needed by senior management and a decision-making framework that ensures decisions are economically, environmentally and socially sound i.e. the triple bottom line.  In particular this applies when it becomes necessary to end an employment relationship.

Interaction between

  • senior management’s right to terminate employment and
  • employee’s forfeiture of rights to notice and severance pay only when there was gross misconduct or a material breach of the employment contract.

Some relevant posts

Holistic approach: CCMA must balance interests

Card sharp exposed: Valid and fair reason to dismiss

Review threshold considered: Applied for gross misconduct

South Africa 40 years ago: Dealing with dismissal and divorce

Workplace mediation: Achieving just outcomes

Fairness factors evaluated: Remorse with long service

Poor work performance: Confusion and split LAC decision

Dishonest conduct: Validly and fairly destroys trust

Severance pay: Resignation and contractual entitlement

Justice with fairness: Fusing common law and dismissal law

Poor performers: Dismiss for operational reason

Labour law developments in South Africa since 1981

Labour law amendments: Proper approach to dismissal

BCEA s74(2) changes: fair reason & fault

Employment & labour law: Ignorance is inexcusable

CCMA’s structural flaws: exposure by Constitutional Court