This animation outlines steps employers can take if they are considering dismissing an employee. Employers may be able to dismiss an employee based on performance or misconduct but it is essential they follow the correct process.
Employee dismissal can be tricky for employers to manage and to avoid personal grievance claims it’s important employers follow the correct process.
Reasons an employer may consider dismissal include:
Capacity - where the employee is incapable of completing the job.
Performance - where the employee is not meeting the agreed standards of the role.
Misconduct - where the employee engages in a prohibited activity, or
Redundancy - where the current form of the role is legitimately becoming obsolete.
Regardless of the reason, there are important steps to followbefore termination is even considered - the only exception is behaviour so serious it warrants summary dismissal, known as serious misconduct.
Employers who want to dismiss an employee must:
Act in good faith
Have a good reason
Follow a fair and reasonable process, and
Have an open mind when dealing with problems so they ensure outcomes are not pre-determined
Employment may only be terminated in accordance with strict rules outlined in legislation including written notice of the reasons for dismissal
notice periods for termination and payment obligations
To understand more about the dismissal process and for peace of mind about your obligations, contact Employsure today.