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