Employment decisions should be document-led. Gather the contract, policies, job description, payslips, warnings, minutes, correspondence, medical notes where relevant, and the timeline of events.
Employers should check authority, procedure, consistency, substantive reason, notice, representation, and record keeping before acting. Employees should identify dates, forum deadlines, documents received, and what relief they want.
Forum and timing matter. CCMA, bargaining council, Labour Court, internal appeal, and contractual deadlines should be identified immediately.
Settlement wording should deal with payment timing, tax treatment where relevant, confidentiality, return of property, references, restraint or confidentiality obligations, and full and final settlement language.
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