Dismissal is an employer-initiated ending of employment - for misconduct, incapacity (an inability to do the job, including ill health), or operational requirements (retrenchment). Under the LRA, a dismissal must be both substantively fair (a valid reason) and procedurally fair (a proper process) to withstand challenge.
What it means
Dismissal is one of several ways employment ends, alongside resignation and retrenchment, and it is the one most likely to be disputed, since it is the employer's decision rather than the employee's or a no-fault business event.
Where it fits in
A dismissal triggers offboarding and the final pay calculation - notice pay if notice is not worked, any accrued leave payout, and the correct PAYE treatment on what is often a lump-sum-heavy final payslip.
Key rules
- Employer-initiated termination for misconduct, incapacity or operational reasons.
- Must be both substantively and procedurally fair under the LRA.
- The dismissal most exposed to a CCMA challenge if process is flawed.
- Triggers the final pay calculation through offboarding.
