Is Divorce Summons important for Divorce Settlement?

In our experience, it is much more advisable where a divorce does not settle right at the outset, to proceed with the issuing of Divorce Summons before continuing to try to settle the divorce for three simple reasons:

1. Few people realise that whether a divorce is contested or uncontested, one cannot get divorced without issuing and service of Divorce Summons and therefore, Summons is a necessary step either way, at least moving the parties towards the ultimate goal of divorce, instead of stagnating prior to Divorce Summons; 
2. Divorce settlement can be done at any point after issue of Summons, all the way to date of trial and if settlement is reached somewhere in this period (in the vast majority of cases it is), then the divorce immediately ceases to be treated as a contested divorce and can be disposed of on an unopposed and uncontested basis within the space of a few weeks of reaching settlement. There is therefore absolutely no prejudice to the parties; and 
3. The parties always take settlement far more seriously, once Summons has been issued, the realisation that the marriage is truly over hits home far more and therefore, prospects of settling increase dramatically, as opposed to prospects of settling prior to the litigation process commencing. 

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What are the Three Froms of Employee Dismissal Exit?

According to the new Labour Relations Act, there are the following three reasons for which an employer may dismiss (fire) and employee:

1. Incapacity –This means where an employee has for some reason, become incapacitated or debilitated.
2. Operational reasons dismissal – this reason commonly referred to as “retrenchment” and take place where an employer genuinely needs to make functional changes to its work force in order to be in existence and be commercial.
3. Misconduct – Suppose, where an employee is grossly disrespectful or insubordinate, such as slapping an employer or where an employee commits theft; and 

Though, in order for a dismissal to be fair, not only must there be a reason which falls within the above three reasons for the dismissal, but the employer must also carry out a fair procedure in dismissing or firing the employee. The Labour Relations Act sets out guidelines as to what constituted a fair procedure prior to dismissal and examples of these would be:

1. Operational reasons – Again, an employer wanting to restructure, must conduct a meaningful consultation process with the employee to explore the possibility of alternative placement within the company, possibly at a reduced salary and during this procedure, also display transparency regarding the company’s operational needs, so that the employee can be satisfied that there is indeed a valid need to restructure and an employer who ignores this does so at their peril as even where a completely valid reason exists, a summary dismissal without a prior fair consultation process will render the dismissal unfair and unlawful and the employee will be entitled to appropriate compensation. 
2. Misconduct – An employer catches an employee committing theft red-handed on CCTV cameras, and fires them on the spot without suspending them first and charging them and summoning them to a disciplinary enquiry, will still be considered an unfair dismissal, even though there is a valid reason, as a fair procedure was not implemented prior to dismissal. 
3. Incapacity – A fair prior procedure would include a genuine consultation process with the employee in order to explore the possibilities of accommodating the employee in their compromised state, consultation process to explore the possibility of alternative placement within the company, etc. Again, for example, an employee has a stroke, which completely prevents the employee from functioning. 

Read Original Source: http://www.snaattorneys.co.za/labour-lawyers/