The Fundamentals of Dismissal:

Tackling Misconduct & Incapacity Terminations

Join us for an exciting seminar series on how to deal with the difficult task of managing employee terminations and
navigating the associated risks that exist when an employer must deal with the task of dismissing someone. The fact
remains that management’s single biggest employment headache occurs as a result of terminations. Getting to a dismissal
can be quite a process – and then there is the significant issue of having to prove that the dismissal was fair if it is
challenged.

The reality is that dismissal is actually a lot more practical and logical than many would believe – and by attending this
seminar you will get the chance to learn the ins and outs of the law of dismissal from a professional chairperson and labour
relations specialist, Daniel Levy. The course is ideal for any employer, business owner, HR or ER professional, manager or
supervisor who has to deal with discipline and performance related issues, and who wants to gain an understanding of what
the law says, how it is applied in practice, and how to deal with the usual problems that occur along the way.

No prior experience of dismissal or labour law is necessary.

DO YOU RECOGNISE SOME OF THESE PROBLEMS – DO THEY AFFECT YOUR WORKPLACE?

 The absent employee who has exceeded their sick leave.

 The marginal performer who does just enough to avoid getting into trouble, but no more than that.
 The employee who starts misbehaving again the day or week after their warning for that same offence has expired.
 The employee who says it’s not in my job description.
 The employee who makes unfounded complaints of racism.
 The employee who doesn’t fit in with the team.
 The employee who tries to tell the company how it should be conducting its disciplinary hearing.

Don’t miss this opportunity to gain the practical skills necessary to tackle dismissals confidently and competently!

City Date Venue

Dates and
Windhoek 14 April 2020 Protea Hotel Furstenhof,
Venues
Walvis Bay 15 April 2020 Protea Hotel Pelican Bay

Duration: 09:00 – 13:15
Duration &
Registrations: 08:00 – 09:00
Cost
Cost: N$1 995 p/p excl. VAT
All delegates will receive a seminar manual comprised of the
presentation slides, as well as a written ‘question and answer’ section
covering all of the seminar content comprehensively. Morning and mid-
morning refreshments will be served, and all delegates will receive
complimentary parking.

Daniel is a passionate and experienced practitioner and trainer in the field of

employment law and industrial relations. He has a vast body of experience and knowledge on
matters relating to labour law and practice – and is an expert when it comes to tackling tricky
dismissal situations.
He is respected and praised as an informative and very practical presenter – having trained
thousands of people during his career, and is a business partner with his father in the
consultancy and publications business, Andrew Levy Employment, where he has worked for the
past thirteen years as an advisor, consultant, trainer and third-party chairperson for his clients.

In addition to having spent two years studying law at the University of the Witswatersrand,
Daniel has completed Unisa’s advanced labour law programme, and is a qualified arbitrator and
fellow of the Arbitration Association of South Africa, having completed their two-year Alternative
Dispute Resolution qualification.
 The Fundamentals of Dismissal:
Tackling Misconduct & Incapacity Terminations

QUESTIONS WE WILL ANSWER FOR YOU

Foundation:

1. What is the basic equation of dismissal under Namibian law?

2. What sources of law govern the employment relationship?
3. How do I match procedure to the reason for the dismissal?
4. What is a soft dismissal?
5. Should I be worried about constructive dismissals?
6. What is the fail-safe formula for drafting charges?
7. What is a mutually agreed separation, and how do I safely do this?

Misconduct Dismissals:

8. What does the Labour Act say about dismissals for misconduct?
9. What is the difference between misconduct and poor performance?
10. Why is it so important to relate the offence to the common law duties of the employees?
11. What can I do about the “it’s not in my job description” argument?
12. Could I dismiss an employee for refusing to take a lie detector test?
13. What can I do about unfounded claims of discrimination?
14. What is an “end-of-the-line” letter?
15. How and when can I suspend an employee?

Incapacity based dismissals:

16. Why must I distinguish between illness and poor performance?

17. What are the requirements to prove incapacity?
18. Do I always have to give someone training and time to improve?
19. Can I dismiss someone for on-going absenteeism?
20. Can I ever reject a doctor’s medical certificate?
21. How do I manage an employee who is depressed?
22. Can I demote under-performers and reduce their remuneration?

+264 81 1299363 sonja.vanvuuren@sage.com www.sage.com/ZA