Misconduct Dismissal – What is it?
A Misconduct Dismissal takes place when an employer:
1. Terminates the services of an employee because of an alleged misconduct. (With or without notice)
2. Misconduct that was deemed serious enough by the employer to justify Dismissal.
Do I Qualify?
An Employee is qualified to make an application to Dismiss Assist if at the time of the Dismissal he or she:
1. Can prove that you were Dismissed.
2. Can show on the balance of probability that you were Dismissed Unfairly with regard to the Reason for the Dismissal and/or Procedure followed in the Dismissal.
3. Can show that monies are owing to you.
What are the possible outcomes?
1. The presiding Dispute Forum (CCMA, Bargaining Councils, Labour Court), may order up to 12 months compensation (6 months for defective procedure and/or 6 months compensation for defective reasoning.)
2. In some cases even up to 24 months compensation (Automatic Unfair Dismissal.)