In order to justify firing or dismissing someone you need to base it on sound evidence and show you warned them they could be fired for such behavior.. having a code of conduct helps 

Hi Jason. I run an HR consultancy and this is one of the biggest concerns that employers have. And while it is something of a minefield, that also has a lot to do with lack of preparation.

A (very) quick checklist for you:

• Do you have contracts in place
• Do you have recruitment, selecting, hiring, training, induction, orientation, evaluation, promotion and layoff plans in place
• Do you document every stage of the above mentioned processes
• How do you maintain employee relations

This is just a small start, but try do it from day one. People wll tell you horor stories about the CCMA, but like adage "there is no bad weather, only bad clothing choices" labour relations is very similar.

I hope this helps.

Heather

Heather thank you so much for your insight and obvious knowledge!.. this post really helped

I find that having a track record and proof of the employees mistakes or general lack of performance is important to back up why you fired them.. if not they have a case aganst you