What constitutes proper and appropriate dismissal procedures may vary and differ depending on the size of the business. It is important for both employees and employers to understand when valid grounds for dismissal exist.
What Are Valid Reasons for Dismissal?
Sometimes, it may seem very obvious that the conduct of an employee warrants dismissal or termination. However, the line between what does and does not warrant dismissal can be quite difficult to identify. It is important for both employees and employers to understand when valid grounds for dismissal exist. Where an employee is dismissed from their employment in the absence of valid grounds, a right to an unfair dismissal claim may arise.
There are several reasons that you may need to dismiss an employee. Valid reasons for dismissal include:
Instances of Genuine Redundancy
If the business is undergoing restructuring, or if there aren’t enough jobs available in the business, then there may be a case for the dismissal of employees on the basis of genuine redundancy.
Redundancy commonly arises where a business becomes insolvent, new technology is introduced, or the business’s sales or productivity is reduced. When dismissing an employee due to redundancy, it is crucial that the employer does not require anyone to do the dismissed employee’s job: redundancy is related to the position, not the individual employee.
Serious Misconduct by an Employee
If an employee has violated company policy or engaged in illegal activity, then this is just cause for dismissal. Serious misconduct involves an employee deliberately or negligently behaving in a way that is grossly inconsistent with their employment conditions and obligations, including illegal and unlawful conduct.
Serious misconduct relates to conduct that causes serious and imminent risk to the health and safety of a person or to the business. It may include theft, fraud, assault, sexual harassment, intoxication at work and unreasonable refusals to carry out instructions within the employment.
Proper Dismissal Procedures
You must follow the correct procedures when terminating an employee’s employment. This means keeping records of all meetings with your employees, documenting any disciplinary action taken against them, providing adequate warnings and opportunities to respond, as well as providing them with written notice of their termination. When proper dismissal procedures are not utilised, an employee may potentially make an unfair dismissal claim.
What constitutes proper and appropriate dismissal procedures may vary and differ depending on the size of the business.
If you require assistance regarding your business’s dismissal procedures, or if you require guidance as to the circumstances surrounding your dismissal from employment, please contact our team of Employment Law Experts at Park & Co Lawyers.
Written by Kevin Park
If you have any enquiries, contact Kevin at [email protected].
[ Park & Co Lawyers – Disclaimer ]
Please note that the above is to be taken as a general guide only, and does not constitute legal advice in any respect. It does not reflect any changes in the relevant law or authorities since the date of publication.
Our Team of Employment Law lawyers has a proven track record of successfully representing and advocating for clients and their legal rights. We always welcome your enquiries, and we are more than happy to assist you.
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