7. Summary unjust dismissals

What needs to be proved for a successful defence? The onus of proof is on the employer. If one part of the dismissal is proved to be unfair, the whole dismissal can be found by a Court as an 'unjustified dismissal'.

Regarding dismissals for misconduct, employer’s frequently fail to meet the requirements of the Courts in the following areas.

• Adequate notice must be given to the employee that their job is in jeopardy.
• An adequate opportunity to improve must be given.
• Adequate training must be given.
• Clear outlines of what the employee has done wrong must be put to him/her.
• An opportunity must be given for the employee to have their say i.e. why the conduct or performance is not up to scratch.
• The opportunity of representation for the employee at disciplinary meetings must be provided.
• The employer must give proper consideration to the employee's excuse.
• Impartial decision-makers regarding disciplinary actions must be present.
• An outline of what is expected of the employee in the future must be given to the employee (this should be contained in the warning letter).
• Each complaint that the employer has with the employee must be dealt with as it arises.
• Demonstrate assistance and support must be given to employee’s.
• Trade customs and industry practices must be taken into consideration.
• Employer’s must follow fair procedures and record the events.