When does an employer not need to prove fault?
The Employer in such cases does not need to prove fault on the part of the Employee. It is simply a case where the Employee is unable to render his/her services sufficiently or not at all which naturally has a serious impact on the Employer’s business.
What do you mean by no fault dismissal?
‘No-fault’ dismissals are ones related to the poor performance or ill-health of an Employee. Said differently, the Employee may be dismissed for something that is in fact out of his/her control. The Employer in such cases does not need to prove fault on the part of the Employee.
When to refer a no fault dismissal to the CCMA?
Thereafter, the Employee has the right to refer the dismissal to the CCMA/Bargaining Council within 30 days of the date of dismissal. In general, it is always advisable that meetings between Employer and Employee should have minutes taken and the meeting even recorded, where possible.
What’s the difference between no fault and no fault?
In our law we have dismissals for misconduct as well as ‘no-fault’ dismissals. This article will focus on the latter but not in respect of operational requirements. ‘No-fault’ dismissals are ones related to the poor performance or ill-health of an Employee.
What happens when there is no HR department?
When your company doesn’t have a dedicated or reliable HR team (or any HR employees at all), dealing with certain workplace issues or questions can be intimidating—especially if you don’t have the best relationship with your boss or the issue in question is with your boss. Deep breath! This doesn’t mean you’re completely alone.
When does HR fail to effectively manage any of these business functions?
When HR fails to effectively manage any of these business functions, it is said to be their weaknesses. However, like any other professionals, HR can also manage their tasks efficiently and competently with the help of automated cloud-based HR tools. If you want to find out major HR challenges Loading…
When to seek help from human resources staff?
Sometimes employees have work-based issues and problems but the company is small or they do not have Human Resources (HR) staff. Workers need someone to confide in and seek help or assistance in addressing common problems.
When is HR told to cut a percentage of the work force?
When HR is told to complete a restructuring and cut a percentage of the work force, they consult with managers to choose who stays. While skills and productivity matter, personality is at the top of the list. Why?