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Dismissal and other forms of termination of employment

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19 November 2010
Presented by
Professor Barney Jordaan / Mr Craig Bosch of Maserumule Consulting / CCMA

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• When is someone ‘dismissed’?
• What’s the difference between a dismissal for misconduct
and one for incapacity? Why is it important to distinguish?
• How is it proved that someone is guilty of misconduct?
• How do you prove that a dismissal for misconduct, poor
performance or ill health is fair?
• May someone who has reached retirement age be told to
leave?
• What if that person has been allowed to work beyond
retirement?
• How are deserters dealt with?
• What is a resignation and can it be withdrawn?
• May you continue with a hearing if an employee who is being
investigated leaves without proper notice?
• What is a ‘constructive dismissal’ and how is it prevented?
• How does termination by agreement work? Can it be
challenged at the CCMA?
• Is formal procedural compliance still required, or can
disciplinary processes be simplified?

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