{"id":645,"date":"2020-05-18T19:29:37","date_gmt":"2020-05-18T19:29:37","guid":{"rendered":"https:\/\/bizcraft.co.za\/blog\/?p=645"},"modified":"2026-04-01T11:38:54","modified_gmt":"2026-04-01T11:38:54","slug":"workplace-dismissals","status":"publish","type":"post","link":"https:\/\/bizcraft.co.za\/blog\/workplace-dismissals\/","title":{"rendered":"Understanding Workplace Dismissals in South Africa"},"content":{"rendered":"
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Getting dismissed is often referred to as \u201cgetting fired!\u201d And although the world of Hollywood would have you believe that firing a worker is as simple as yelling the words \u201cYOUR FIRED!\u201d from your corner office. The reality in South Africa is actually quite different.<\/p>\n

In fact, dismissing a staff member in South Africa can be quite difficult. South African employees’ are fortunate enough to be protected by the Labour Relations Act, which some say actually gives workers too many rights. Basically, the act states that in order for an employer to dismiss a staff member the dismissal must be substantively and procedurally correct. Not sure what that means? Not to worry we are going to discuss workplace dismissals in detail in this article.<\/p>\n

Workplace dismissals<\/h2>\n

What is a dismissal?<\/h3>\n

Quite simply a dismissal is when an employer terminates an employment relationship.<\/p>\n

An employment relationship begins when a person offers their services at the use and control of another person in exchange for compensation. Compensation would usually be monetary. The terms and conditions of that employment relationship should be contained in a written contract of employment. However, even if a written contract does not exist there will still be an implied contract between the two parties.<\/p>\n

As mentioned earlier, a dismissal is when a contract of employment is terminated by the employer. In other words, against the will of the employee. This should not be confused with constructive dismissal<\/a> which is when an employee would terminate the contract.<\/p>\n

The Labour relations act protects all employees in South Africa against unfair dismissal, and basically states that an employer cannot simply fire a staff member without good reason or without following the proper procedure.<\/p>\n

So for a dismissal to be fair, it must be;<\/p>\n

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  1. Substantively correct: Have a good reason<\/li>\n
  2. Procedurally correct: Follow the correct procedure<\/li>\n<\/ol>\n

    When may an employee be dismissed?<\/h3>\n

    According to the LRA an employer may dismiss an employee for any one of the following reasons:<\/p>\n

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    1. Misconduct<\/strong>. This would include any unacceptable or improper behaviour. For example, if the employee is guilty of theft, being absent without authorisation, or refusing to obey the employer\u2019s instructions.<\/li>\n
    2. Incapacity<\/strong>. This refers to the employees’ ability to perform their assigned tasks effectively. These reasons are generally referred to as poor work performance.<\/li>\n
    3. Operational requirements<\/strong>. Also called retrenchment, in this situation the employer basically cannot afford the employee any longer.<\/li>\n<\/ol>\n

      Let’s discuss these reasons in slightly more detail.<\/p>\n

      What is misconduct?<\/h3>\n

      Misconduct is unacceptable or improper behaviour of an employee.<\/p>\n

      It is important to note that not all misconduct will justify a dismissal, and an employer should always take the seriousness of the misconduct into consideration.<\/p>\n

      To avoid confusion the rules and regulations of a workplace should be put into writing and signed by the employee.<\/p>\n

      There must be a breakdown of the trust relationship between the employer and the employee in order for a dismissal to be an appropriate sanction.<\/p>\n

      What is incapacity?<\/h3>\n

      Incapacity is the inability or the incompetence of an employee to do the work that they are employed to do. There are a number of reasons a staff member could fail to meet the required standards.<\/p>\n

      1) Incapacity as a result of poor performance:<\/strong><\/p>\n

      If an employee is not meeting the performance standards of the employer, the following factors must be considered:<\/p>\n