When employers ask “How can I get rid of him?” they believe they have very good reasons for asking this. It can be poor work performance, attitude and attendance, incompatibility, theft and other acts of dishonesty, abusive behaviour, fighting and other conduct that damages an employer’s trust and confidence in an employee
These problems are serious and must be addressed: Dismissal may be the correct way of doing this: Equally it may not.
It is important to remember that you may be called upon to justify your actions. You may be required to prove that your actions, and how you acted, were what a fair and reasonable employer could have done in all the circumstances at the time of the dismissal. This will involve establishing you had a good reason to dismiss the employee and the procedure you followed was fair.
A dismissal which the employee considers unfair, probably will be challenged but there are twists and turns in the law that may cause the employee difficulty. A good example of this is reported in our blog “The Case of the Vegetables that Damaged Frost.”
How we can help
We will assist you in managing the process by:
- Advising you about the law applying to the situation facing you.
- Ensuring proper notice of the disciplinary meeting is given.
- Conducting the meeting with the employee.
- Advising you about the decision to be made.
If you would like our help, this is the information we will need
- A dateline of events.
- Witness statements.
- Employment agreement.
- Employee’s personal file.
- Wage, time and leave records.
- Your contact details.