Ending a person’s employment is a decision that many employers have to face at some point.
Depending on the situation, this can be a case of misconduct with repeated warnings, serious misconduct or a more complicated case of redundancy or performance issues.
Employers can only dismiss someone if they have a good reason and follow the correct procedure. It is important that good reasons and a fair procedure followed be well documented. This procedure can vary based on different company policies and individual agreements, but the rules must still comply with the Employment Relations Act 2000.
The following is a list of fair reasons for dismissal.
Reasons for dismissal that are not acceptable.
It is important that employers understand what is considered fair grounds for dismissal. And how to follow the correct procedure in order to avoid facing a grievance claim.
During a confrontation, it may be tempting to immediately dismiss an employee in the heat of the moment. However, the law states an employee cannot be dismissed without valid reasons and following an appropriate process.
Even in cases of serious misconduct, a process which allows for opportunities to respond and to provide feedback should be followed.
When dismissing an employee, the employer must follow the policies and procedures outlined in their company handbook or employment contract
Employees who have been dismissed are entitled to a written explanation from their employer. This statement should describe why the employee has been dismissed. If asked for a written statement, the employer must provide one within 60 days of the dismissal notice being given.
If the employer does not provide a written statement in time, the employee may be eligible to submit a grievance claim outside of the 90 day limitation period.
Employers are not required to submit a written explanation to workers who have been dismissed during a trial period.
In cases of serious misconduct, an employer may be able to dismiss a worker without giving notice or making payments instead of notice. They must still have a good reason for the dismissal and follow the correct procedures to dismiss the employee. See our guide on Serious Misconduct for more information on this type of dismissal.
For advice on how to implement a dismissal policy in the workplace, contact Employsure on 0800 675 700.