11. Instant dismissal

Where a worker does an action which gives rise to summary (instant) dismissal, the employer must still act in a procedurally fair manner. What is fair again depends on the circumstances of each case. Generally, however the fair procedure that should be followed is that an employer should meet with the worker to discuss the matter before making a decision to terminate. Offer the employee the opportunity to have a representative at this meeting. Have a witness from the organisation there to take minutes of the meeting. Put all the allegations and information to the employee including who said what or made the allegation. Ask the employee for an explanation.

An employer has an obligation to investigate the matter to the fullest and therefore the employer may have to interview other employee’s to get the full story. Also an employee may have to go away and get evidence. Critically analyse the information and evidence. A follow up meeting will then be required with the employee and his/her representative. Advise the employee of your decision. The employer must make the decision to dismiss taking into account all the facts surrounding the conduct.

If the employer is not satisfied with the employee's explanation, then the employee's employment may be terminated for serious misconduct. A termination letter should be drawn up. The employee is still eligible for his/her final pay entitlements as well as any holiday pay that may be due.