I need help regarding the selection criteria which must be used in determining which employees need to stay and which to leave; it needs to be fair. We are a small contractor working under coal mining in South Africa, with a total of 31 employees, and we have employee representatives consisting of 6 people.
The former contractor with its earth-moving machinery has left, causing our labor needs to decrease. All the employees had 3-month fixed-term contracts which ended on 28 June 2013. So we still have all employees and have not dismissed any as yet. We have made them aware that their contracts might or might not be renewed—letters have been given. However, there are a few troublesome employees, so I would like to know if issues such as ill health, absenteeism, etc., can be used as fair grounds for dismissal? The main reason for the 'dismissals' is the change in operational requirements. I do not know if 'dismissal' is the correct word as they are no longer contracted under us but are still working for us.
I read that I will need to meet with the workers' representatives to try to find a way to minimize the number of employees being dismissed. However, as I stated, this month of July 2013 has been added in trying to change the timing of the dismissal. What is the next step to take?
And just to confirm, regarding severance pay or notice pay, we do not have to pay that out because they have not been employed by the company for more than a year?
Please kindly assist.
From South Africa, Pretoria
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The former contractor with its earth-moving machinery has left, causing our labor needs to decrease. All the employees had 3-month fixed-term contracts which ended on 28 June 2013. So we still have all employees and have not dismissed any as yet. We have made them aware that their contracts might or might not be renewed—letters have been given. However, there are a few troublesome employees, so I would like to know if issues such as ill health, absenteeism, etc., can be used as fair grounds for dismissal? The main reason for the 'dismissals' is the change in operational requirements. I do not know if 'dismissal' is the correct word as they are no longer contracted under us but are still working for us.
I read that I will need to meet with the workers' representatives to try to find a way to minimize the number of employees being dismissed. However, as I stated, this month of July 2013 has been added in trying to change the timing of the dismissal. What is the next step to take?
And just to confirm, regarding severance pay or notice pay, we do not have to pay that out because they have not been employed by the company for more than a year?
Please kindly assist.
From South Africa, Pretoria
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First of all, I am not an expert on Employment Laws of South Africa. However, a worldwide principle is that it is not unreasonable to terminate employment because of business requirements. One should not use excuses such as ill-health, etc., as that can lead to other more serious problems. I suggest you take advice from an employment law specialist in your area. Sorry, I cannot help further.
Regards,
Harsh
From United Kingdom, Barrow
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370Regards,
Harsh
From United Kingdom, Barrow
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