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Pre Termination Notice for South Africa

Pre Termination Notice Template for South Africa

A Pre-Termination Notice is a formal document used in South African employment relationships to notify an employee of serious concerns regarding their performance or conduct, which may lead to termination if not addressed. The document complies with South African labor law requirements, particularly the Labour Relations Act and Basic Conditions of Employment Act, ensuring procedural fairness in the potential termination process. It outlines specific issues, required improvements, timelines, and consequences, while also documenting the employer's commitment to providing support for improvement.

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Pre Termination Notice

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What is a Pre Termination Notice?

The Pre-Termination Notice serves as a crucial document in South African employment law, typically issued when standard performance management processes have not yielded required improvements. It represents a formal step before initiating termination proceedings, demonstrating the employer's commitment to fair labor practices as required by South African legislation. The notice should be issued after previous informal or formal warnings, but before any final decision regarding termination is made. It must detail specific concerns, outline required improvements, provide reasonable timeframes for correction, and specify available support mechanisms. This document helps ensure compliance with the procedural fairness requirements of the Labour Relations Act and related employment legislation, while protecting both employer and employee interests in the performance management process.

What sections should be included in a Pre Termination Notice?

1. Recipient Details: Full name, position, and employee ID of the recipient, along with relevant department information

2. Notice Details: Date of notice, reference number, and subject line clearly indicating this is a pre-termination notice

3. Current Performance Issues: Clear outline of the specific performance issues or misconduct that has led to this notice

4. Previous Communications: Reference to previous verbal warnings, written warnings, or performance improvement discussions

5. Required Improvements: Specific, measurable improvements required from the employee

6. Timeframe: Clear timeline for implementing required improvements and review period

7. Consequences: Clear statement of potential consequences if improvements are not made, including possible termination

8. Support Available: Description of resources and support available to help employee improve

9. Acknowledgment: Space for employee signature acknowledging receipt of notice

What sections are optional to include in a Pre Termination Notice?

1. Union Representative Details: Include when employee is union member or entitled to union representation

2. Training Plan: Include when specific training or upskilling is part of the improvement plan

3. Performance Metrics: Include when quantifiable performance targets need to be met

4. Historical Performance Review: Include when there's a pattern of performance issues that needs to be documented

5. Medical Accommodation: Include when performance issues may be related to medical conditions requiring accommodation

What schedules should be included in a Pre Termination Notice?

1. Performance Improvement Plan: Detailed plan outlining specific goals, metrics, and timelines for improvement

2. Previous Warning Records: Copies of previous formal warnings or performance improvement discussions

3. Job Description: Current job description highlighting key responsibilities and performance expectations

4. Performance Review History: Summary of recent performance reviews and assessments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Manufacturing

Mining

Retail

Technology

Healthcare

Education

Construction

Agriculture

Professional Services

Hospitality

Transportation

Telecommunications

Energy

Public Sector

Relevant Teams

Human Resources

Legal

Employee Relations

Operations

Management

Compliance

Industrial Relations

People Development

Personnel Administration

Labor Relations

Relevant Roles

Human Resources Manager

HR Business Partner

Department Manager

Line Manager

Supervisor

Team Leader

Operations Manager

General Manager

HR Director

Chief Human Resources Officer

Employee Relations Manager

Legal Counsel

Department Head

Regional Manager

Branch Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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