The Dismissal Letter After Disciplinary Hearing is a critical document in South African employment law that formalizes the termination of employment following a disciplinary process. It is used when an employee has been found guilty of misconduct or other workplace infractions during a formal disciplinary hearing. The letter must demonstrate compliance with the Labour Relations Act 66 of 1995 and the Code of Good Practice on Dismissals, ensuring both procedural and substantive fairness. This document serves multiple purposes: it officially communicates the termination decision, records the reasons for dismissal, outlines final employment arrangements, and informs the employee of their rights, including the right to appeal. The letter becomes a crucial piece of evidence should the dismissal be challenged at the CCMA (Commission for Conciliation, Mediation and Arbitration) or Labour Court.
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1. Letterhead and Date: Company letterhead, current date, and reference number if applicable
2. Employee Details: Full name, employee number, position, and department of the employee
3. Subject Line: Clear indication that this is a notice of dismissal following disciplinary hearing
4. Reference to Disciplinary Hearing: Date of hearing, charges that were considered, and confirmation that the employee was present/represented
5. Findings: Summary of the findings of the disciplinary hearing, including proven misconduct or infractions
6. Dismissal Decision: Clear statement of the decision to dismiss and the effective date
7. Notice Period/Payment: Details of notice period or payment in lieu of notice
8. Final Payment Details: Information about final salary, leave pay, and other amounts due
9. Return of Company Property: List of company property to be returned and deadline
10. Right to Appeal: Information about the employee's right to appeal and the process to follow
1. Additional Support Services: Information about employee assistance programs or counseling services, included when company policy provides for such support
2. Reference Letter Policy: Company's policy on providing references, included when specifically requested
3. Post-Employment Restrictions: Reminder of any restraint of trade or confidentiality obligations, included when applicable to the employee's position
4. Medical Aid/Benefits Continuation: Information about continuation or termination of benefits, included when employee had such benefits
5. Outstanding Disciplinary History: Reference to previous warnings or disciplinary actions, included when relevant to the current dismissal
1. Disciplinary Hearing Minutes: Official minutes or transcript of the disciplinary hearing
2. Evidence Summary: Summary of evidence presented during the hearing
3. Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and other entitlements
4. Company Property Checklist: Itemized list of company property to be returned
5. Previous Written Warnings: Copies of relevant previous warnings or disciplinary actions
6. Appeal Form: Standard form for lodging an appeal
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