The Termination Letter After Investigation is a crucial document in South African employment law that formally concludes an employment relationship following a workplace investigation. It is used when an employer has conducted a formal investigation into employee misconduct, poor performance, or other workplace issues that warrant termination. The document must demonstrate compliance with South African labor legislation, particularly regarding fair dismissal procedures outlined in the Labour Relations Act. The letter should include clear references to the investigation process, findings, legal grounds for termination, and all relevant termination terms. This document is essential for protecting both employer and employee rights, providing clear documentation of the termination decision, and ensuring the process meets all legal requirements for procedural and substantive fairness.
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1. Letterhead and Date: Company letterhead, current date, and reference number if applicable
2. Recipient Details: Employee's full name, employee number, position, and department
3. Subject Line: Clear indication that this is a termination of employment letter
4. Investigation Reference: Reference to the investigation process, including dates and nature of investigation
5. Findings Summary: Brief summary of the key findings from the investigation that led to termination
6. Legal Basis: Reference to relevant company policies, procedures and legislative provisions supporting the termination
7. Termination Decision: Clear statement of termination decision and effective date
8. Final Payments: Details of final salary, leave pay, and other statutory payments
9. Company Property: Instructions regarding return of company property
10. Confirmation of Receipt: Space for employee signature acknowledging receipt of letter
1. Notice Period Requirements: Include when payment in lieu of notice is being made or if notice period is to be worked
2. Benefits Information: Include when employee has benefits that need to be addressed (pension, medical aid, etc.)
3. Restraint of Trade: Include when employment contract contains restraint provisions that remain in effect
4. Appeal Rights: Include when internal policies allow for appeal of termination decision
5. Reference Letter Policy: Include when addressing future reference requests
6. Legal Rights Statement: Include when there's a need to remind employee of their right to seek legal counsel
7. Settlement Agreements: Include when termination includes any special settlement terms
1. Investigation Report Summary: Summary of key investigation findings and evidence considered
2. Meeting Minutes: Minutes from disciplinary hearings or investigation meetings
3. Evidence List: List of evidence considered during investigation
4. Final Payment Calculation: Detailed breakdown of final payment including leave, notice pay, and other entitlements
5. Company Property Checklist: List of company property to be returned
6. Previous Warnings: Copies of any relevant previous warnings or disciplinary actions
7. Relevant Policies: Copies of company policies relied upon in making termination decision
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