Dismissing an employee

When dismissing an employee, an employer must:

  1. have a significant reason for the dismissal;
  2. be procedurally fair in dismissing the employee;
  3. comply with the Employment Contract of the employee; and
  4. ensure that the dismissal is with notice where necessary.

Employer’s can only dismiss instantly in cases of gross misconduct.

The employee may have been unjustifiably dismissed if the employer does not follow the above four points.

It is critical to an employer's defence that all verbal and formal warnings, reasons for dismissals and events are accurately recorded as they occur. Employer’s must be in a position to prove through written documentation, the events and the sequence of events that took place.

Employer’s must never find themselves in a situation where they are trying to 'patch things up' retrospectively. Employer’s must get the sequence right.

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