An employee’s dismissal from work can be fair or unfair, but this will depend on the particular circumstances.
The law in this area does not make it illegal for employers to dismiss employees, but they must have a good reason for doing so and they must go through the proper channels to do so. In law there are a set of reasons which employers may utilise as potential reasons for fairly dismissing an employee:
- The employee is not capable of doing the job;
- The employee does not have the necessary qualifications to do the job;
- The employee’s conduct has been poor;
- The employee has done something illegal;
- The employee is no longer needed; or
- Some other reason specific to the circumstances of the employment.
Employers are best advised to set in place and follow codes and processes for going through a disciplinary and grievance procedure if considering the dismissal of an employee. It is incredibly important that the reasoning behind a dismissal is clear, with supporting evidence to avoid the likelihood of an unfair dismissal claim being brought.
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