The Immediate Termination Without Notice document is a crucial legal instrument used in South African employment contexts where an employee's conduct constitutes such a serious breach of the employment relationship that continued employment becomes untenable. This document is specifically used in cases of gross misconduct, such as fraud, theft, physical violence, or severe breach of trust, where the regular notice period is waived. It must comply with the Labour Relations Act 66 of 1995, particularly Schedule 8 (Code of Good Practice: Dismissal), and demonstrate both substantive and procedural fairness. The document includes comprehensive details about the grounds for termination, evidence of misconduct, legal basis for the decision, and arrangements for final payments and company property return. It serves as a critical record for potential CCMA (Commission for Conciliation, Mediation and Arbitration) proceedings and must be drafted with careful attention to legal requirements and potential scrutiny.
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1. Letterhead and Date: Company letterhead including full registered details, date of the letter
2. Recipient Details: Employee's full name, ID number, employee number, position, and address
3. Subject Line: Clear indication that this is a notice of immediate termination of employment
4. Grounds for Termination: Specific details of the gross misconduct or fundamental breach that justifies immediate termination
5. Legal Basis: Reference to relevant clauses in employment contract and applicable legislation justifying summary dismissal
6. Evidence and Investigation: Summary of evidence and investigation findings supporting the termination decision
7. Immediate Effect: Clear statement that employment is terminated with immediate effect
8. Final Payments: Details of final salary, leave pay and other statutory payments due
9. Company Property: Instructions regarding return of company property and revocation of access
10. Signature Block: Authorized signatory details with position and company details
1. Prior Warnings: Include if there were previous related incidents or warnings - helps establish pattern of misconduct
2. Post-Employment Obligations: Include if there are confidentiality, non-compete, or other ongoing obligations
3. Legal Representation: Include if employee has right to legal representation in any subsequent proceedings
4. Appeal Rights: Include if company policy allows for appeals in summary dismissal cases
5. Benefits Information: Include if there are pension, medical aid or other benefits requiring action
1. Schedule A - Evidence Summary: Detailed listing of evidence supporting the termination decision
2. Schedule B - Final Payment Calculation: Breakdown of all final payments including salary, leave pay, and deductions
3. Schedule C - Company Property Register: List of company property to be returned
4. Appendix 1 - Investigation Report: Summary of investigation findings if applicable
5. Appendix 2 - Previous Warnings: Copies of any relevant previous warnings or disciplinary records
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