Dismissal has to be fair in two separate senses, and losing on either one is losing. There must be a fair reason, and a fair process must have been followed to reach it.
Employers who are confident about the reason routinely lose on the process, which is the more avoidable half.
The three recognised reasons
Misconduct — the employee did something wrong. Theft, dishonesty, serious breach of rules.
Incapacity — poor performance, or ill health. Not fault, and it requires assistance, evaluation and a real opportunity to improve before dismissal becomes appropriate.
Operational requirements — retrenchment. About the business's needs rather than the person, and it has its own consultation process entirely.
Which one you are relying on determines the process. Treating poor performance as misconduct is a common and expensive error: you cannot warn somebody into being capable, and dismissing for incapacity without having assisted them is unfair almost by definition.
The process, in outline
- Investigate before deciding anything. Gather what happened, from whom, with what evidence.
- Notify the employee in writing of the allegations, in enough detail to answer, with reasonable time to prepare.
- Hold the hearing. They may state their case, respond to the evidence, and be assisted by a colleague or union representative.
- Decide, having actually considered what they said, and considering whether something short of dismissal would be appropriate.
- Tell them the outcome and the reasons, in writing, and of their right to refer a dispute.
Is dismissal appropriate?
Even where misconduct is proved, dismissal must be the appropriate sanction. Length of service, prior record, the seriousness of what happened, whether the relationship can survive it, and how comparable cases were handled all matter.
Dismissing for a first instance of something minor, where a warning would have done, is unfair even though the conduct occurred.
Suspension
Where somebody needs to be away from the workplace while a serious matter is investigated, suspension is normally on full pay. Suspending without pay as a punishment before any finding is a different thing entirely and is generally unfair.
Get the final payment right
Outstanding wages, accrued leave, and notice pay where applicable. A certificate of service is due regardless of why the employment ended.
Withholding a final payment as leverage over a dispute is a separate breach and turns one problem into two.
Take advice before, not after
Advice before a dismissal is inexpensive. Representation at the CCMA after one, plus a compensation award, is not.
If you are unsure whether the reason or the process is sound, that uncertainty is the signal to ask.
General guidance, not legal advice. Dismissal is governed by legislation and codes of good practice; take proper advice on your own circumstances.