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Termination Letter After Investigation for South Africa

Termination Letter After Investigation Template for South Africa

A formal employment termination letter issued under South African law following a workplace investigation. This document serves as the official notification of employment termination, detailing the findings of an investigation and the grounds for dismissal. It must comply with South African labor legislation, particularly the Labour Relations Act and Basic Conditions of Employment Act, ensuring both procedural and substantive fairness. The letter includes specific details about the investigation process, findings, legal basis for termination, final payments, and relevant administrative matters concerning the end of employment.

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Termination Letter After Investigation

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What is a Termination Letter After Investigation?

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.

What sections should be included in a Termination Letter After Investigation?

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

What sections are optional to include in a Termination Letter After Investigation?

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

What schedules should be included in a Termination Letter After Investigation?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Financial Services

Mining and Resources

Manufacturing

Retail

Technology and Communications

Healthcare

Education

Professional Services

Construction

Transport and Logistics

Agriculture

Hospitality

Public Sector

Non-Profit Organizations

Energy and Utilities

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Employee Relations

Industrial Relations

Senior Management

Operations

Administration

Relevant Roles

Human Resources Manager

HR Director

Legal Counsel

Employment Relations Manager

HR Business Partner

Compliance Officer

Risk Manager

Employee Relations Specialist

HR Operations Manager

Department Manager

Line Manager

General Manager

Managing Director

Chief Human Resources Officer

Industrial Relations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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