Procedures if unfairly dismissed

• is deemed unfair if proper procedures are not followed
• all dismissals are presumed to be unfair unless the employer can prove otherwise
• the burden of proof lies with the employer - the employer must show that there were substantial grounds for justifying the dismissal - eg. misconduct such as theft or assault caught on CCTV
• 1 - Counselling/advice - given by the supervisor and recorded on the employee's personal record - the employee is made aware of the consequences
• 2 - verbal warning - the employer has to inform the employee of the reasons for the possible dismissal - evidence must be given - given in the presence of the employee's representative - employee is given the opportunity to respond fully to any such allegations or complaints - recorded on their personal record
• 3 - First written warning - if there is no change to the situation, a formal written warning follows the oral warning - a copy will be given to the employees representative - this may be followed by a final written warning, suspension without pay, transfer to another task, or section of the enterprise, demotion, some other appropriate disciplinary action short of dismissal and finally dismissal
• 4 - employee's right to appeal - has a right to a fair and impartial determination of the issues concerned, taking into account any representations made by, on the behalf of, the employee and any other relevant or appropriate evidence, factors or circumstances
• employer duties/responsibilities - the employer must recognise the employees right to representation at a fair hearing into the dismissal and the hearing itself must be impartial
• The WRC provides services such as mediators to solve disputes. An adjudicator can be appointed to the case if no resolution between parties can be found. Decisions can be appealed in the Labour Court
• 5- redress for unfair dismissal - reinstatement, re-engagement and compensation
• reinstatement - get their old job back with same pay and conditions. Full pay from the day they were sacked and any increase they would have received if not sacked in the first place
• re-engagement - given an old job back or a different but suitable one. Not entitled to back pay. Often used when an employee contributed to dismissal but was still unfair
• compensation - paid an amount of money by a former employee as a result of financial loss. No compensation for stress or hurt. Maximum compensation is 2 years pay